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Court Procedures Rules
259Representation—proceeding about administration of
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259 Representation—proceeding about administration of
deceased person’s estate or trust property
(1) If 2 or more people are or may be interested in or affected by a
proceeding in relation to either or both of the following matters, the
court may appoint 1 or more of them to represent all or some of them:
(a) the administration of a deceased person’s estate;
Representation—trustees and personal representatives Division 2.4.6
Rule 260
(b) property subject to a trust.
appointment.
(2) The court must not appoint a person under subrule (1) unless
satisfied—
(a) that the interested or affected people (or some of them) cannot,
or cannot readily, be identified; or
(b) that the interested or affected people (or some of them), although
identified, cannot be found; or
(c) that, although all of the interested or affected people have been
identified and found, it is appropriate for a representative to be
appointed to represent all or some of them.
(3) If the court makes an order under subrule (1) appointing 2 or more
people, it may give the conduct of the proceeding, or any part of the
proceeding, to the person it considers appropriate.
(4) For this rule, people may be taken to have an interest or liability even
if—
(a) in relation to 1 or more of them—the interest or liability is a
contingent or future interest or liability; or
(b) 1 or more of them is an unborn child.
(5) This rule does not limit the operation of rule 261 (Representation—
interests of deceased person’s estate).