Death of a party
21.06 Death of a party
21.06.1 Where the cause of action survives against the estate of a deceased person a proceeding may be commenced against the estate of the deceased.
21.06.2 Until a grant of representation of the estate of a deceased person is made:
a proceeding may be commenced and continued against the estate of the deceased naming the estate as defendant; or
the Court or a Justice may, by order, appoint a person to represent the estate of the deceased for the purposes of the proceeding.
21.06.3 Where a grant of representation of the estate of a deceased person has been made, a proceeding may be commenced and continued naming the personal representative of the deceased as defendant.
This Act’s bill:Explanatory statement
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