Acts and Regulations

2012-103 - General

Full text
Proceedings against an estate if no personal representative
56(1)If a deceased person has no personal representative and a person wishes to commence or continue proceedings against the estate of the deceased person, the court may, on application, appoint a litigation administrator to represent the estate in the proceeding.
56(2)A litigation administrator shall take all proceedings that may be reasonably necessary for the protection of the interests of the estate.
56(3)Before making an order appointing a litigation administrator, the court may require notice to be given to any insurer of the deceased person who has an interest in the proceeding, to the Attorney General if the proceeding may impose a liability on the Consolidated Fund, and to any other person who may have an interest in the estate.
56(4)A judgment in a proceeding to which a litigation administrator is a party binds the estate of the deceased person, but has no effect against the litigation administrator in his or her personal capacity.