On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 01/04/2006.
4.
—(1) This Rule applies in relation to a probate action to which a person under disability is a party or in which he intervenes or is cited under Order 72, Rule 5.
(2) Where the person under disability is a patient and a person is authorised under the Act to conduct legal proceedings in the name of the patient or on his behalf, the person so authorised shall be entitled to be litigation representative3 of the patient in any probate action to which his authority extends, provided that he shall not be entitled by virtue of this paragraph to be litigation representative3 of a patient in a probate action if some other person has been appointed by the Court under Rule 6 to be litigation representative3 of the patient in that action.
(3) Where the person under disability is an infant who is not a patient and he has a statutory guardian or a testamentary guardian who is qualified to be his litigation representative3 by virtue of paragraph (8), that guardian shall be entitled to be litigation representative3 of the infant in a probate action.
(4) Where the person under disability is an infant who has attained the age of 16 years and is not a patient, and there is no person qualified by virtue of paragraph (3) to be his litigation representative3, the infant may appoint as his litigation representative3 a person who is qualified to be such litigation representative3 by virtue of paragraph (8) and who is one of his next-of- kin or, where the infant is a married woman, one of her next-of-kin or her husband.
(5) Where an infant appoints a person under paragraph (4) to be his litigation representative3 in a probate action, the person so appointed may be litigation representative3 of any other infant in that action provided that the other infant is under 16 years of age, is not a patient and his interest in the action is the same as that of the infant making the appointment.
(6) Where there is no person qualified by virtue of paragraph (2) or (3), as the case may be, to be litigation representative3 of a person under disability in a probate action and that person is either not entitled under paragraph (4) to appoint a person to be his litigation representative 3 or, being so entitled, makes no appointment thereunder, the litigation representative3 of the person under disability in the action shall be such one of his next-of-kin or other person as the Court may appoint.
(7) An application under paragraph (6) for the appointment of a litigation representative3 of a person under disability may be made by ex parte summons and must be supported by an affidavit showing —
(a)
that there is no person entitled to be such litigation representative3 by virtue of paragraph (2) or (3), or appointed as such under paragraph (4), as the circumstances require;
(b)
if such be the case, that the person proposed as litigation representative3 is a next-of-kin of the person under disability; and
(c)
that the person proposed as litigation representative3 is willing and a proper person to act as such and has no interest in the action adverse to that of the person under disability.
(8) A person is qualified to be litigation representative3 of a person under disability if he is competent and willing to act as such and has no interest in the action in question adverse to that of the person under disability.
(9) [Deleted by S 806/2005]