Representation in cases concerning administration of estates, trust property or statutory interpretation
7.6 Representation in cases concerning administration of estates, trust property or statutory interpretation
(cf SCR Part 8, rule 14)
In relation to proceedings concerning—
the administration of a deceased person’s estate, or
property the subject of a trust, or
the construction of an Act, instrument or other document,
where a person or class of persons is or may be interested in or affected by the proceedings, the court may appoint one or more of those persons to represent any one or more of them.
A person or persons may not be appointed under subrule (1) unless the court is satisfied of one or more of the following—
that the person or class, or a member of the class, cannot, or cannot readily, be ascertained,
that the person or class, or a member of the class, although ascertained, cannot be found,
that, although the person or class, or a member of the class, has been ascertained and found, it is expedient for the purpose of saving expense (having regard to all of the circumstances, including the amount at stake and the degree of difficulty of the issue or issues to be determined) for a representative to be appointed to represent any one or more of them.
For the purposes of this rule, persons may be treated as having an interest or liability—
even if, in relation to one or more of them, the interest or liability is a contingent or future interest or liability, or
even if one or more of those persons is an unborn child.
This rule does not limit the operation of rule 7.10.
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