Division 3Division 3 Equity Division of the Supreme Court: administration accounts and inquiries etc
(cf SCR Part 49, rule 10)
(1) This Division applies to proceedings for the administration of the estate of a deceased person in respect of which the Supreme Court by judgment directs:(a) the taking of any account of debts or other liabilities of the estate of the deceased, or(b) the making of any inquiry for persons entitled to any interest in the estate on intestacy or otherwise.(2) This Division applies to proceedings for the execution of a trust in respect of which the Supreme Court by judgment directs:(a) the taking of any account of debts or other liabilities of the trust, or(b) the making of any inquiry for persons entitled to any interest in the trust property.(3) This Division applies, with the necessary modifications, to any other proceedings in respect of which the Supreme Court by judgment directs:(a) the taking of any account of debts or other liabilities of the trust, or(b) the making of any inquiry.
(cf SCR Part 49, rule 11)
(1) On the hearing of the motion to proceed or subsequently, the Supreme Court may direct the issue of advertisements for creditors and other claimants.(2) For the purposes of determining what direction, if any, to make under subrule (1), the Supreme Court may have regard to any advertisement previously issued.(3) If the Supreme Court directs the issue of advertisements for creditors or other claimants, the Court may specify the time within which, and the person on whom, a claimant must serve particulars of his or her claim.(4) An advertisement for creditors or other claimants must state the time and name of the person specified under subrule (3) and an address for service of that person and must contain such other matters as the Supreme Court may direct.(5) An advertisement for creditors or other claimants must be prepared by the party prosecuting the judgment and signed by the registrar.
(cf SCR Part 49, rule 12)
(1) Subject to such provisions as may appear in the advertisement, particulars of a claim served in response to an advertisement must specify the nature and extent of, and full particulars of, the claim, and must state the name and an address for service of the claimant.(2) A claimant who does not serve particulars of claim, in accordance with the advertisement and in accordance with subrule (1), on the person and within the time stated in the advertisement is not entitled to prove his or her claim except with the leave of the Supreme Court.
(cf SCR Part 49, rule 13)
(1) If a claimant serves particulars of his or her claim in response to an advertisement under a judgment, the person on whom it is served must, within 7 days after service of the particulars of claim, serve notice of the judgment on the claimant.(2) On service of notice of a judgment under subrule (1), the provisions of rule 46.12 (1), (4) and (5) apply as if the notice had been served under that rule.
(cf SCR Part 49, rule 14)
The Supreme Court:(a) may appoint a person to examine and list claims for the purposes of an account or inquiry under a judgment, and(b) may fix a date for adjudication on the claims.
(cf SCR Part 49, rule 15)
(1) In the case of an account of debts or other liabilities, the person appointed under rule 46.23 (a):(a) must examine the claim of each claimant and consider whether it ought to be allowed, and(b) at least 7 days before the date for adjudication on the claims, must file lists of:(i) claims served in response to any advertisement, and(ii) other claims received by any of the personal representatives or trustees concerned, and(iii) debts and liabilities for which claims have not been received but which are or may still be due and which have come to the knowledge of any of the personal representatives or trustees concerned.(2) A list filed under subrule (1) must specify, in relation to each alleged debt or liability included in the list, whether, in the belief of the party making the list, the debt or liability ought to be allowed, and the reasons for the belief.
(cf SCR Part 49, rule 16)
(1) In the case of an inquiry for persons entitled to any interest in the estate of a deceased person on intestacy or otherwise, or entitled to any interest in trust property, the person appointed under rule 46.23 (a):(a) must examine the claim of each claimant and consider whether it is valid, and(b) at least 7 days before the date for adjudication on the claims, must file lists of:(i) claims served in response to any advertisement, and(ii) other claims received by, or which have come to the knowledge of, any of the personal representatives or trustees concerned.(2) A list filed under subrule (1) must specify, in relation to each claim included in the list, whether, in the belief of the party making the list, the claim is valid, and the reasons for the belief.
(cf SCR Part 49, rule 17)
The Supreme Court may direct a person appointed under rule 46.23 (a), and any of the personal representatives or trustees concerned, to verify by affidavit a list filed under rule 46.24 or rule 46.25.
(cf SCR Part 49, rule 18)
(1) On the adjudication on the claims, the Supreme Court:(a) may allow any claim, with or without proof, or(b) may direct that any claim be investigated in such manner as the Court thinks fit, or(c) may require any claimant to attend and prove his or her claim or to furnish further particulars or evidence of his or her claim or to produce any security relating to his or her claim, or(d) may disallow any claim.(2) A claimant need not make an affidavit or attend in support of his or her claim unless the Supreme Court so directs under subrule (1) (c).(3) If the Supreme Court so directs, a party must file a list of the claims allowed.
(cf SCR Part 49, rule 19)
(1) This rule applies if the Supreme Court requires a claimant to attend and prove his or her claim pursuant to rule 46.27 (1) (c).(2) The Supreme Court must appoint a party to give notice in accordance with subrule (3) and must determine the times and documents to be specified in the notice.(3) The party so appointed must serve on the claimant a notice requiring him or her:(a) to serve on the party serving the notice an affidavit in support of his or her claim within such time, not less than 7 days after the date of service of the notice, as may be specified in the notice, and(b) to attend before the Supreme Court for adjudication on the claim at such time as may be specified in the notice, and(c) to produce to the Supreme Court, at such time as may be specified in the notice, such documents as may be specified or described.(4) If a claimant does not comply with a notice served on him or her under subrule (3), the Supreme Court may disallow his or her claim.