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Supreme Court Rules 1970
Current version for 8 December 2017 to date (accessed 21 April 2019 at 16:23)
38 Plaintiff sole executor
(cf former Part 78, rule 34B)
(1) This rule applies to an application for an order under:(a) section 10 (3) (c) of the Succession Act 2006, or(b) section 13 (2) (c) of the Probate and Administration Act 1898, as in force before the repeal of that paragraph.Note.The provisions referred to in paragraph (b) were repealed, and replaced by the provisions referred to in paragraph (a), on 1 March 2008.(2) The originating process for such an application need not join any person as a defendant:(a) if the plaintiff is the sole executor or administrator, or(b) if there is otherwise sufficient reason for not doing so.(3) Despite subrule (2), the Court may, at any stage of the proceedings, direct that:(a) any person be added as a party or substituted for another party or a former party, or(b) notice of the proceedings be served on any person in addition to, or instead of, the defendant.(4) Rule 7.6 of the Uniform Civil Procedure Rules 2005 applies to proceedings for an order referred to in subrule (1) in the same way as it applies to proceedings referred to in rule 7.6 (1) of those Rules.