2701Trusts and estates—application not to affect powers

2701 Trusts and estates—application not to affect powers (1) This rule applies if an application is made in relation to a question or matter in relation to a trust or the estate of a deceased person, without administration of the trust or estate if— (a) the only or main issue in the proceeding is an issue of law and a substantial dispute of fact is unlikely; or (b) there is no opposing party to the proceeding or it is not intended to serve anyone with the originating process. Note The application may be made by originating application (see r 35 (When originating application may be used)). (2) Unless the court otherwise orders, the making of the application does not interfere with or control any power or discretion of an executor, administrator or trustee, except as far as the interference or control is necessarily involved in the particular relief sought.

Rule 2702