Acts and Regulations

Rule-68 - PROCEEDINGS CONCERNING THE PROPERTY OF MINORS

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Current to 1 January 2024
PARTICULAR PROCEEDINGS
RULE 68
PROCEEDINGS CONCERNING
THE PROPERTY OF MINORS
68.01How Commenced
A proceeding for approval of the sale, mortgage, lease or other disposition of the whole or any part of the property of a minor may be commenced by Notice of Application.
68.02Affidavit in Support
(1)An application under this rule shall be supported by an affidavit stating
(a) the nature and value of all property to which the minor is entitled, and
(b) with respect to the property to be sold, mortgaged, leased or otherwise disposed of
(i) its nature and value,
(ii) the reasons for the proposed disposition, and
if applicable
(iii) the annual profits derived from it, and
(iv) the names of any occupants.
(2)If an applicant under this rule requests an order providing an allowance for maintenance, he shall show by affidavit
(a) the amount of the allowance required,
(b) the facts relied upon to establish the need for such an allowance, and
(c) if applicable, why it is necessary to dispose of the property to provide such an allowance.
(3)If an applicant under this rule requests that a guardian be appointed, he shall show by affidavit the need for the appointment and the fitness to act of the person proposed.
68.03Where Consent Required
(1)Unless ordered otherwise, an application under this rule shall be accompanied by the consent of the minor if he has reached the age of 16 years.
(2)The court may require that the consent of the minor be verified in such manner as the court directs including a direction that the minor be brought before it and examined separately.
68.04Effect of Approval
When a sale, mortgage, lease or other disposition of the whole or any part of the property of a minor is approved under this rule it shall be as effectual as if made by a person of the age of majority.
68.05Proceeds of Disposition
The court may for the benefit of the minor, order the investment or disposal of the proceeds of property sold, mortgaged, leased or otherwise disposed of under this rule.
68.06Undivided Minority Interest
Where a minor has an undivided minority interest in real property, and the court is satisfied that
(a) his guardian or next-of-kin and the other persons interested in the real property wish to dispose of the whole, and
(b) the proposed disposition is advantageous to the minor,
the court may authorize a disposition of the minor’s interest for a fixed consideration.
68.07Order to Convey or Perform
(1)The court may order a minor to convey any interest in real property which he holds by way of mortgage or in trust only for others, and such conveyance shall be as effectual as if made by a person of the age of majority.
(2)On application by
(a) the personal representative of the estate of a person who died before performing a contract made by him, or
(b) a person interested in such contract,
the court may order the specific performance of the contract by an heir who is a minor, or by any other person.
68.08Effect of Order for Disposition of Property of Minor
Subject to a stay of proceedings pending an appeal, when an order is made for the sale, mortgage, lease or other disposition of property of a minor, a conveyance, mortgage, or other instrument made in accordance with the order
(a) may be executed in the name of the minor by a person directed by the court to do so,
(b) shall be as effectual as if made by a person of the age of majority, and
(c) may be registered with a copy of the order certified by the clerk, in the registry office for the county in which the property is situate.
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