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Court Procedures Rules
256Representation—by trustees and personal
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256 Representation—by trustees and personal
(1) A proceeding in relation to a trust, or a deceased person’s estate, may
be started or continued by or against the trustees, or personal
representatives, without including anyone with a beneficial interest in
or claim against the trust or estate (a beneficiary).
(2) Subrule (1) has effect despite rule 213 (Including parties—joint
entitlement).
(3) In a proceeding mentioned in subrule (1)—
(a) the trustees or personal representatives are taken to represent
every beneficiary; and
(b) an order made in the proceeding is binding on every beneficiary.
(4) However, the court may order that an order does not bind a
beneficiary if satisfied that the trustee or personal representative did
not in fact represent the beneficiary.
(5) Also, the court may, at any stage in the proceeding, order that a
beneficiary be made a party to the proceeding in addition to or instead
of an existing party.
Division 2.4.6 Representation—trustees and personal representatives
Rule 257
(6) This rule applies to trustees and personal representatives in a
proceeding to enforce a security by foreclosure or otherwise.