Surviving spouse not of full mental capacity
8 Surviving spouse not of full mental capacity
Where the surviving husband or wife is not of full mental capacity a requirement or consent under this Schedule may be made or given on his or her behalf by the person, if any, having the care and management of his or her estate, or, where there is no such person, by the Court.
A requirement or consent made or given under this Schedule by a surviving husband or wife who is an infant shall be as valid and binding as it would be if he or she were of age; and, as respects an appropriation in pursuance of paragraph 1, the provisions of section 30(1)(k) of the Trustees Act 1962 as to obtaining the consent of the infant’s parent or guardian shall not apply.
[Clause 8 amended: No. 19 of 2010 s. 51.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.