Court Procedures Rules 2006

A proceeding in relation to a trust, or a deceased person’s estate, may be started or continued by or against the trustees, or personal representatives, without including anyone with a beneficial interest in or claim against the trust or estate (a beneficiary).

Subrule (1) has effect despite rule 213 (Including parties—joint entitlement).

In a proceeding mentioned in subrule (1)—

the trustees or personal representatives are taken to represent every beneficiary; and

an order made in the proceeding is binding on every beneficiary.

However, the court may order that an order does not bind a beneficiary if satisfied that the trustee or personal representative did not in fact represent the beneficiary.

Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

Also, the court may, at any stage in the proceeding, order that a beneficiary be made a party to the proceeding in addition to or instead of an existing party.

This rule applies to trustees and personal representatives in a proceeding to enforce a security by foreclosure or otherwise.