Defendant or respondent dead at start of proceeding
71 Defendant or respondent dead at start of proceeding
This rule applies if—
when an originating process is issued—
a person who would otherwise be defendant or respondent is dead; and
a grant of representation has not been made; and
the cause of action survives the person’s death.
If the party filing the originating process knows the person who would otherwise be defendant or respondent is dead, the originating process must name as defendant or respondent the ‘Estate of [person’s name] deceased’.
If, after the start of a proceeding against a person, the proceeding is taken, under an Act, to be against the person’s personal representative, all subsequent documents filed in the proceeding must name the personal representative as defendant or respondent.
Note—
See the Civil Proceedings Act 2011, sections 104 and 105 for procedures, relevant to this rule, about estates and grants of representation.
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