PART VMISCELLANEOUS

Proceedings against estate of deceased person42

Rules of court and, in relation to proceedings in a county court, county court rules may make provision—

a

for enabling proceedings to be commenced against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant has been made;

b

for enabling proceedings purporting to have been commenced against a person to be treated, if he was dead at their commencement, as having been commenced against his estate, whether or not a grant of probate or administration was made before their commencement; and

c

for enabling any proceedings commenced or treated as commenced against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) against a person appointed to represent the estate or, if a grant is or has been made, against the personal representatives.