Victorian Numbered Regulations

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SUPREME COURT (ADMINISTRATION AND PROBATE) RULES 2014 (SR NO 10 OF 2014) - REG 5.01

Grant during minority

    (1)     A grant of administration to a guardian (including a natural guardian) of a minor may be made for the use and benefit of the minor during minority subject to any limitations or conditions as the Court or the Registrar thinks fit.

    (2)     A minor aged 12 years or over may elect a guardian and in other cases a guardian may be assigned by the Court or the Registrar.

    (3)     The Registrar shall not assign a guardian unless satisfied by evidence on affidavit that the proposed guardian is ready and able to undertake the guardianship and—

        (a)     that the proposed guardian is de facto next of kin of the minor; or

        (b)     that the de facto next of kin of the minor consents to the assignment of the proposed guardian.

    (4)     Upon application for administration by a guardian other than a natural guardian evidence of that guardian's election or assignment shall be produced.

    (5)     If there are minors in a family both over and under the age of 12 years, an elected guardian may act for all the minors without special assignment.



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