605Parties

605 Parties

(1)  In an administration proceeding or on an application under rule 604  –

(a) all the executors of the will of the deceased or administrators of the estate or trustees of the trust are to be parties; and

(b) if the application is made by executors, administrators or trustees, any of them who does not consent to being joined as an applicant is to be made a respondent; and

(c) any person having a beneficial interest in, or claim against, the estate or having a beneficial interest under the trust need not be a party but the applicant may make any such person a respondent; and

(d) if, in the taking of an account of debts or liabilities under a judgment or order in the proceedings, a person not a party makes a claim –

(i) a party, other than the executors, administrators or trustees, is not entitled to attend before the Court or a judge in relation to that claim except by leave; and

(ii) the Court or a judge may direct or allow any party to attend on the taking of the account either in addition to, or in substitution for, the executors, administrators or trustees; and

(e) if the application is for the prevention of waste or otherwise for the protection of property, a person may apply on his or her own behalf and on behalf of all other persons having the same interest.

(2)  The persons to be made respondents to an application in an administration proceeding or an application under rule 604 are the persons whose rights or interests are sought to be affected or may be affected by the application.

(3)  The Court or a judge may direct that a person other than a person mentioned in subrule (2) be served with the application.