Full legislation
s.55A
Rules concerning commencement of proceedings in respect of estates of deceased persons
The power to make rules of court under
section 54
shall include power by
any such rules to make
provision—
(a)
for enabling proceedings to be commenced in the Court of First Instance against
the estate of a deceased person (whether by the appointment of a person to represent
the estate or otherwise) where no grant of probate or administration has been
made;
(b)
for enabling proceedings purporting to have been commenced in the Court of
First Instance by or against a person to be treated, if he was dead at their
commencement, as having been commenced by or against, as the case may be, his estate
whether or not a grant of probate or administration was made before their
commencement; and
(c)
for enabling any proceedings commenced or treated as commenced in the Court of
First Instance by or against the estate of a deceased person to be maintained
(whether by substitution of parties, amendment or otherwise) by or against, as the
case may be, a person appointed to represent the estate or, if a grant of probate or
administration is or has been made, by or against the personal
representatives.
(Added
52 of 1987 s. 42
. Amended
25 of 1998 s. 2
)
[cf. 1981 c. 54 s. 87(2) U.K.]