(1)A proceeding may be brought by or against an executor, administrator or trustee as representing the estate or trust of which he is the personal representative or trustee and as representing the persons beneficially interested without joining such persons as parties.

(2)Paragraph (1) does not apply to a proceeding

(3)Where a proceeding is commenced by executors, administrators or trustees and an executor, administrator or trustee does not consent to be joined as a plaintiff or applicant, he shall be made a defendant or respondent.

(4)The court may at any time order that a beneficiary, creditor or other interested person be made a party to a proceeding by or against a personal representative or trustee.

(1)Where a deceased person has no personal representative, and

(2)A litigation administrator may take all proceedings that may be necessary for the protection of the interests of the estate, including proceedings by way of counterclaim, cross-claim or third party claim.

(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 where the proceeding may impose liability on the Consolidated Fund, and to any other person who may have an interest in the estate.

(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 personal capacity.

(1)Where a proceeding is commenced by or against a person as executor or administrator before any grant of probate or administration has been made, a subsequent grant of probate or administration shall relate back to the commencement of the proceeding.

(2)A proceeding commenced by or against the estate of a deceased person by naming the estate of A.B., Deceased, or the personal representative of A.B., Deceased or by any similar style of proceeding, or any proceeding where the wrong person is named as the personal representative, shall not be treated as a nullity and the court may order that the proceeding be continued by or against the proper personal representative of the deceased or against a litigation administrator appointed for the purpose of the proceeding, and the style of proceeding shall be amended accordingly.

(3)A proceeding commenced in the name of, or against, a person who has died prior to its commencement shall not be treated as a nullity, but the court may order that the proceeding be continued by or against his personal representative or a litigation administrator appointed for the purpose of the proceeding and the style of proceeding shall be amended accordingly.

(4)Where a litigation administrator is appointed for a deceased person who already has a personal representative, the appointment of the litigation administrator is not a nullity but the court may order that the proceeding be continued against the personal representative in which case the style of the proceeding shall be amended accordingly.

(5)No further step in a proceeding referred to in paragraphs (2), (3) and (4) shall be taken until the proceeding is properly constituted and, unless it is properly constituted within a reasonable time, the court may dismiss it or make such other order as may be just.

(6)An order made under this rule may impose such terms and conditions as may be just, including a term that an executor or an administrator shall not be personally liable in respect of any part of the estate of a deceased person which he has distributed or otherwise dealt with in good faith, while not aware that a proceeding had been commenced against the estate.

(7)A proceeding by or against a deceased person or his estate shall not be treated as a nullity because it was not properly constituted, but may be reconstituted by the court by analogy to the provisions of this rule, and this rule shall not be construed to limit in any way the generality of Rule 2.02.