UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.10 Interests of deceased person

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.10

7.10 Interests of deceased person

(cf SCR Part 8, rule 16; DCR Part 7, rule 13; LCR Part 6, rule 14)

(1) This rule applies to any proceedings in which it appears to the court--

(a) that a deceased person's estate has an interest in the proceedings, but is not represented in the proceedings, or

(b) that the executors or administrators of a deceased person's estate have an interest in the proceedings that is adverse to the interests of the estate.

(2) The court--

(a) may order that the proceedings continue in the absence of a representative of the deceased person's estate, or

(b) may appoint a representative of the deceased person's estate for the purposes of the proceedings, but only with the consent of the person to be appointed.

(3) Any order under this rule, and any judgment or order subsequently entered or made in the proceedings, binds the deceased person's estate to the same extent as the estate would have been bound had a personal representative of the deceased person been a party to the proceedings.

(4) Before making an order under this rule, the court may order that notice of the application be given to such of the persons having an interest in the estate as it thinks fit.