The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 64 E+W ESTATES, TRUSTS AND CHARITIES

Textual Amendments

F1 Pt. 64 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 5

SECTION I: CLAIMS RELATING TO THE ADMINISTRATION OF ESTATES AND TRUSTS E+W

Parties E+W

64.4— (1) In a claim to which this Section applies, other than an application under section 48 of the Administration of Justice Act 1985—

(a) all the trustees must be parties;

(b) if the claim is made by trustees, any of them who does not consent to being a claimant must be made a defendant; and

(c) the claimant may make parties to the claim any persons with an interest in or claim against the estate, or an interest under the trust, who it is appropriate to make parties having regard to the nature of the order sought.

(2) In addition, in a claim under the Variation of Trusts Act 1958, unless the court directs otherwise any person who—

(a) created the trust; or

(b) provided property for the purposes of the trust,

must, if still alive, be made a party to the claim.

• (The court may, under rule 19.2, order additional persons to be made parties to a claim.)]