64Claims etc., procedure for barring

##### 64. Claims etc., procedure for barring (1) Where a trustee wishes to reject a claim that has been made, or that he has reason to believe may be made — (a) to or against the estate or property that he is administering; or (b) against the trustee personally, by reason of his being under any liability in respect of which he is entitled to reimburse himself out of the estate or property that he is administering, the trustee may serve upon the claimant or the person who may become a claimant a notice calling upon him, within a period of 3 months from the date of service of the notice, to take legal proceedings to enforce the claim and also to prosecute the proceedings with all due diligence. (2) At the expiration of the period stipulated in a notice served under subsection (1), the trustee may apply to the Court for an order under subsection (3), and shall serve a copy of the application on the person concerned. (3) Where, on the hearing of an application made under subsection (2), the person concerned does not satisfy the Court that he has commenced proceedings and is prosecuting them with all due diligence, the Court may make an order — (a) extending the period, or barring the claim, or enabling the trust property to be dealt with without regard to the claim; and (b) imposing such conditions and giving such directions, including a direction as to the payment of the costs of or incidental to the application, as the Court thinks fit. (4) Where a trustee has served any notices under this section in respect of claims on 2 or more persons, and the period specified in each of those notices has expired, he may, if he thinks fit, apply for an order in respect of the claims of those persons by a single application, and the Court may, on that application, make an order accordingly. (5) This section applies to every claim therein mentioned, whether the claim is or may be made as creditor or next‑of‑kin or beneficiary under the trust or otherwise; but it does not apply to any claim under the *Family Provision Act 1972*, and no order made under this section shall affect any application for revocation of any grant of Probate or of Letters of Administration, whether that application is made before or after the order. (6) On an application by a trustee under this section, the persons beneficially entitled to the estate or property need not be made parties to the proceedings, and an order made by the Court on the application shall not affect their right to contest the claim of the trustee to be entitled to indemnify himself out of the estate or property that he is administering where they were not parties to the proceedings in which the order was made. [Section 64 amended: No. 57 of 1972 s. 3; No. 48 of 2011 s. 16(3).]