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Protocol for a minor’s share on intestacy


Date:
06/07/2018


    Protocol for Minors – in lieu of an administration bond

    28/02/2018

    Purpose of the Protocol

    The purpose of this protocol is to protect a minor’s interest in a deceased person’s estate during his or her minority. The Court will not generally dispense with the requirement for an administration bond in the case of a minor except in the circumstances set out below. If an administration bond is required, but cannot be secured, an applicant may provide an undertaking, in the form set out in the Protocol, agreeing to invest the minor’s share in the estate with the NSW Trustee & Guardian until the minor reaches their majority.

    The Court’s practice is to require an administration bond and two sureties for the share of each person who is entitled on intestacy or administration with the will annexed, but who is not joining the application. The announcement on the Court’s website, dated 12/03/2001, continues to reflect the Court’s practice in relation to bonds.

    The Protocol has been developed for use in cases involving minor beneficiaries, but it may be appropriate in other cases.

    The NSW Trustee & Guardian is empowered by statute to advance funds for the maintenance, education, advancement or benefit of the minor upon application by the person with parental responsibility for the minor.

    Please find attached the Protocol and Form of Undertaking

    Summary of the Court’s practice regarding bonds

    The Court will generally dispense with a bond:

      If adult beneficiaries who are sui juris consent to the dispensation of the bond;
      If adult beneficiaries who are sui juris are served with notice of the application advising them that the applicant intends to dispense with the bond;
      If the Court, in the case of an adult beneficiary who is sui juris, exercises its discretion to dispense with the bond, reduce the amount of the bond or accept fewer than two sureties;
      If a beneficiary is an incapable person and subject to financial management, the financial manager may file their written consent to dispense with the bond; or
      If a beneficiary is a minor and the minor’s legal guardian, who is not the proposed administrator, consents to the dispensation of the bond.

    The Court generally will not dispense with a bond:
      If an adult beneficiary objects to the dispensation of the bond and the Court exercises its discretion not to dispense with the bond;
      If an incapable person’s financial manager does not provide the manager’s written consent to dispense with the bond;
      If an incapable person does not have a financial manager;
      If a minor’s legal guardian refuses to consent to dispense with the bond; or
      If a minor’s legal guardian is the proposed manager.






    PROBATE_Protocol for a minors_FINAL.pdfPROBATE_Protocol for a minors_FINAL.pdf


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