(b) where the whole, of the estate in the Federal Capital Territory, Abuja, consists of immovable property, a
grant limited thereto may be made in accordance with the law which would have been applicable if the deceased
had died domiciled in the State.
48. (1) Where a person entitled to a grant resides outside the Federal Capital Territory, Abuja, a grant may be
made to his lawfully constituted attorney for his use and benefit, limited until that person obtains a grant or in
such other way as the Registrar may direct:
Provided that where the person so entitled is an executor, administration shall not be granted to his attorney
without notice to the other executors, if any.
(2) Where the Registrar is satisfied by affidavit that it is desirable for a grant to be made to the lawfully
constituted attorney of a person entitled to a grant and resident in the Federal Capital Territory, Abuja, he may
direct that a grant be made to the attorney for the use and benefit of that person, limited until that person obtains
a grant or in such other way as the Registrar may direct.
49. (1) Where the person to whom a grant would otherwise be made is an infant, a grant for his use and benefit
until he attains the age of eighteen years shall, subject to paragraphs (3) and (5) of this rule, be granted-
(a) to both parents of the infant jointly or to any guardian appointed by a court of competent jurisdiction; or
(b) if there is no such guardian able and willing to act and the infant has attained the age of sixteen years, to any
next of kin nominated by the infant or where the infant is a married woman, to any such next of kin or to her
husband if nominated by her.
(2) Any person, nominated under sub-paragraph (b) of paragraph (1) of this rule, may represent any other infant
whose next of kin he is, being an infant below the age of sixteen years entitled in the same degree as the infant
who made the nomination.
(3) Notwithstanding anything in this rule, administration for the use and benefit of the infant until he attains the
age of eighteen years may be granted to any person assigned as guardian by order of a court in default of, or
jointly with or to the exclusion of, any such person as is mentioned in paragraph (1) of this rule and such an
order may be made on application by the intended guardian, who shall file an affidavit in support of the
application and if required by the Court, an affidavit of fitness sworn by a responsible person.
(4) Where a grant is required to be made to not less than two persons and there is only one person competent and
willing to take a grant under the foregoing provisions, a grant may, unless the Registrar otherwise directs, be
made to such person jointly with any other person nominated by him as a fit and proper person to take a grant.
(5) Where an infant who is sole executor has no interest in the residuary estate of the deceased, administration
with the will attached for the use and benefit of the infant until he attains the age of eighteen years shall, unless
the registrar otherwise directs, be granted to the person entitled to the residuary estate.
(6) An infant's right to administration may be renounced only by a person assigned as guardian under paragraph
(3) of this rule authorised to renounce by the Registrar.
50. (1) Where one of two or more executors is an infant, probate may be granted to the other executor or
executors not under disability, with power reserved for making the like grant to the infant on his attaining the age
of eighteen years and administration for the use and benefit of the infant until he attains the age of eighteen years
may be granted under rule 49 of this Order if, the executors who are not under disability renounce or on being
cited to accept or refuse a grant, fail to make an effective application thereof.
(2) An infant executor's right to probate on attaining the age of eighteen years may not be renounced by any
person on his behalf.
51. (1) Where the registrar is satisfied that a person entitled to a grant is by reason of mental or physical
incapacity incapable of managing his affairs, a grant for his use and benefit, limited during his incapacity or in
such other way as the registrar may direct, may be made-