(a) in the case of mental incapacity, to the person authorised by the Court to apply for the grant; or
(b) where there is no person so authorised or in the case of physical incapacity-if the person incapable is entitled(i) as executor and has no interest in the residuary estate of the deceased, to the person entitled to such residuary
estate,
(ii) otherwise than as executor or is an executor having an interest in the residuary estate of the deceased, to the
person who would be entitled to a grant in respect of his estate if he had died intestate or to such other person as
the registrar may by order direct.
(2) Unless the Registrar otherwise directs, no grant shall be made under this rule unless all persons entitled in the
same degree as the person incapable have been cleared off.
(3) In the case of mental incapacity, notice of intended application for a grant under this rule shall, unless the
Registrar otherwise directs, be given to the person alleged to be so incapable.
52. (1) Renunciation of probate by an executor shall not operate as renunciation of any right which he may have
to a grant of administration in some other capacity unless he expressly renounces such right.
(2) Unless the Registrar otherwise directs, no person who has renounced a grant in one capacity may obtain a
grant in some other capacity.
(3) A renunciation of probate or administration may be retracted at any time on the order of the Registrar:
Provided that only in exceptional circumstances may leave be given to an executor to retract a renunciation of
probate after a grant has been made to some other person entitled in a lower degree.
53. In any case in which it appears that the Federal Capital Territory Abuja, is or may be beneficially interested
in the estate of a deceased person, notice of intended application for a grant shall be given by the applicant to the
Attorney-General of the Federation, and the Registrar may direct that no grant shall issue within a specified time
after the notice has been given.
54. (1) The Registrar shall not require a guarantee as a condition of making a grant except where it is proposed to
make it(a) by virtue of rule 21(5) of this Order, to a creditor or the personal representative of a creditor or to a person
who has no immediate beneficial interest in the estate of the deceased but may have such an interest in the event
of an accretion to the estate;
(b) under rule 46 of this Order, to a person or some of the persons who would, if the person beneficially entitled
to the whole of the estate died intestate be entitled to his estate;
(c) under rule 48 of this Order, to the attorney of a person entitled to a grant;
(d) under rule 49 of this Order, for the use and benefit of a minor;
(e) under rule 51 of this Order, for the use and benefit of a person who is by reason of mental or physical
incapacity incapable of managing his affairs;
(f) to an applicant who appears to the Registrar to be resident elsewhere than in the Federal Capital Territory,
Abuja; or
(g) except where the Registrar considers that there are special circumstances making it desirable to require a
guarantee.
(2) Notwithstanding that it is proposed to make a grant as aforesaid, a guarantee shall not be required, except in
special circumstances, on an application for administration where the applicant or one of the applicants is the
Administrator-General or a trust corporation.