s 22 Persons who lack mental capacity
22.—(1) No probate or letters of administration are to be granted to a person who lacks mental capacity (within the meaning of the Mental Capacity Act 2008) to make decisions with respect to the management and administration of the person’s property and affairs. (2) Where any such person, if he or she did not lack mental capacity, would be entitled to probate or letters of administration, letters of administration with or without the will annexed may be granted to —(a) the person to whom the care of the estate of the person who lacks mental capacity has been lawfully committed; or (b) any other person that the court thinks fit, for the use and benefit of the person who lacks mental capacity, until that person ceases to lack mental capacity and obtains a grant to himself or herself. [Act 18 of 2023 wef 15/10/2024]