If a party dies or becomes legally incapacitated while an action is depending, any person claiming to represent that party or his estate may apply by incidental application to be sisted as a party to the action.

If a party dies or becomes legally incapacitated while an action is depending and the provisions of paragraph (1) are not invoked, any other party may apply by incidental application to have the action transferred in favour of or against, as the case may be, any person who represents that party or his estate.