7.11
CurrentExecutors, administrators and trustees
Part 7Parties to proceedings and representation
Division 3Executors, administrators and trustees
7.11 Executors, administrators and trustees
(cf SCR Part 68, rule 4)
(1)
In proceedings relating to an estate, all executors of the will of the deceased, or all administrators of the estate, must be parties unless one or more of them has represented the others under rule 7.6.
(2)
In proceedings relating to a trust, all trustees must be parties.
(3)
In proceedings commenced by executors, administrators or trustees, any executor, administrator or trustee who does not consent to being joined as a plaintiff must be made a defendant.
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