Superior Court Rules

ORDER 54

ADMINISTRATION, TRUSTS AND MORTGAGES

1. The executors or administrators of a deceased person or any of them, and the trustees under any deed or instrument or any of them, and any person claiming to be interested in the relief sought as creditor, devisee, legatee, next-of-kin, or heir-at-law of a deceased person, or as cestui que trust under the trust of any deed or instrument, or as claiming by assignment or otherwise under any such creditor or other person as aforesaid, may take out, a special summons for relief of the nature or kind specified in Order 3(1) to (7) inclusive.

2. The persons to be named as defendants in any summons under rule 1 shall in the first instance be the following:

(1) Where the summons is taken out by executors, administrators or trustees or any of them:

(a) for the determination of any question affecting the rights or interests of any person claiming to be creditor, devisee, legatee, next-of-kin or heir-at-law, or cestui que trust, or arising in the administration of the estate or trust, or for a direction to the executors, administrators or trustees to do or abstain from doing any particular act in their character as such, or for the approval of any sale, purchase, compromise or other transaction: the persons, or one of the persons, whose rights or interests are sought to be affected;

(b) for the ascertainment of any class of creditors, legatees, devisees, next-of-kin, or others: any member or alleged member of the class;

(c) for the furnishing and vouching of accounts by the executors, administrators or trustees: any person interested in taking such accounts;

(d) for the payment into court of any money in the hands of the executors, administrators or trustees: any person interested in such money;

(e) for the administration of the personal estate or freehold registered land devolving as personality of the decreased: the residuary legatees or next-of-kin, or some of them;

(f) for the administration of the real estate of the deceased: the residuary devisees or heirs, or some of them;

(g) for the administration of the trust: the cestuis que trustent or some of them;

(h) if there are more than one executor, administrator or trustee and they do not all join as plaintiffs: those who do not join.

(2) Where the summons is taken out by any person other than the executors, administrators or trustees: the said executors, administrators or trustees.

3. Any mortgagee or mortgagor, whether legal or equitable, any person entitled to or having property subject to a legal or equitable charge, or person having the right to redeem any mortgage, whether legal or equitable, may take out a special summons for relief of the nature or kind specified in Order 3(15), (15A) or (15B).

[SI 149/10]

4. A special summons under Order 3(8) shall be entitled in the matter of the estate of the person upon whose decease the estate duty has been paid or claimed, and in the matter of the Finance Act, 1894, and shall in other respects be in the form prescribed by Order 1, rule 4.

5. It shall not be obligatory on the court to pronounce or make a judgment or order for the administration of any trust or of the estate of any deceased persons if the questions between the parties can be properly determined without such judgment or order.

6. Upon an application for administration or execution of trusts by a creditor or beneficiary under a will, intestacy, or deed of trust, where no accounts or insufficient accounts have been rendered, the court may in addition to the powers already existing—

(a) order that the application shall stand over for a certain time, and that the executors, administrators, or trustees in the meantime shall render to the applicant a proper statement of their accounts, with an intimation that if this is not done they may be made to pay the cost of the proceedings;

(b) when necessary to prevent proceedings by other creditors or by persons beneficially interested, make the usual judgment or order for administration, with a proviso that no proceedings are to be taken under such judgment or order without leave of the court.

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