38Plaintiff sole executor

#### 38 Plaintiff sole executor 38 Plaintiff sole executor (cf former Part 78, rule 34B) > > (1) This rule applies to an application for an order under— > > > > > (a) section 10 (3) (c) of the [Succession Act 2006](/view/html/inforce/current/act-2006-080), or > > > > > (b) section 13 (2) (c) of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013), as in force before the repeal of that paragraph. > > > > Note— > > > > The provisions referred to in paragraph (b) were repealed, and replaced by the provisions referred to in paragraph (a), on 1 March 2008. > > > (2) The originating process for such an application need not join any person as a defendant— > > > > > (a) if the plaintiff is the sole executor or administrator, or > > > > > (b) if there is otherwise sufficient reason for not doing so. > > > (3) Despite subrule (2), the Court may, at any stage of the proceedings, direct that— > > > > > (a) any person be added as a party or substituted for another party or a former party, or > > > > > (b) notice of the proceedings be served on any person in addition to, or instead of, the defendant. > > > (4) Rule 7.6 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) applies to proceedings for an order referred to in subrule (1) in the same way as it applies to proceedings referred to in rule 7.6 (1) of those Rules.