90Applications to judge in chambers

90 Applications to judge in chambers

[Rule 90 Amended by S.R. 2000, No. 105, Applied:26 Jul 2000] [Rule 90 Amended by S.R. 2002, No. 22, Applied:17 Apr 2002] [Rule 90 Substituted by S.R. 2003, No. 28, Applied:07 May 2003]

(1)  The following classes of proceedings are to be commenced by application to a judge in chambers:

(a) determination of a question of construction arising under a deed, will or other written instrument, other than a question to which rule 89(a) applies, and declaration of the rights of persons interested under that instrument;

(b) question affecting the rights or interests of a person claiming to be a creditor, devisee, legatee or one of the next-of-kin of a deceased person or otherwise beneficially interested in the property of a deceased person;

(ba) [Rule 90 Subrule (1) amended by S.R. 2010, No. 158, Applied:01 Jan 2011] proceedings under the Intestacy Act 2010 ;

(c) question affecting the rights or interests of a cestui que trust under a trust or a person beneficially interested in the property subject to a trust;

(d) furnishing of any particular accounts by the executor, administrator or trustee and any vouching of those accounts;

(e) payment into Court of any money or security in the hands of an executor, administrator or trustee;

(f) directions to an executor, administrator or trustee to do, or abstain from doing, a particular act;

(g) removal of a trustee;

(h) appointment of a trustee in the place of a removed trustee or a direction that any remaining trustees may continue to act without an additional trustee;

(i) determination of a question arising in the administration of any estate or trust, including a question whether or not any deed, will or other instrument creates a valid charitable trust or a valid gift to charity;