31 Jul 2009
RE NCS
- Citation
- RE NCS
- Court
- Court of First Instance
- Case number
- HCAG1036/2008
Where the named executor is mentally incapacitated, the estate is substantial and the applicant cannot provide the surety guarantee required by the Registrar, the court will require the applicant to commence Part II Mental Health Ordinance proceedings as a condition for a grant; Rule 33 NCPR does not restrict the court's general discretion under Section 36 PAO and the court must not order a grant on mere undertakings where Part II supervision is appropriate.