Part 67 – Administration Claims

Scope of this Part

67.1

1. This Part deals with –
   1. claims for –
      1. the administration of the estate of a deceased person; and
      2. the execution of a trust under the direction of the court; which are referred to as “administration claims”; and
   2. claims to determine any question or grant any relief relating to the administration of the estate of a deceased person or the execution of a trust.
2. Such claims must be brought by a fixed date claim in Form 2.
3. In this Part –
   • “administration claims” mean claims for –
     1. the administration of the estate of a deceased person; and
     2. the execution of a trust under the direction of the court.

Parties

67.2

1. An administration claim or a claim under rule 67.4 may be brought by any –
   1. executor or administrator of the relevant estate;
   2. person having or claiming to have a beneficial interest in the estate of a deceased person or under a trust; or
   3. trustee of the relevant trust.
2. Any executor or administrator of the relevant estate or trustee of the relevant trust who is not a claimant must be a defendant to the claim.
3. The general rule is that the claimant need not join as a defendant any person having a beneficial interest under the estate or trust.
4. 1. The claimant may make any such person a defendant; and
   2. the court may direct that any such person be made a defendant.

 Claims by third parties

67.3

1. This rule applies where –
   1. there are proceedings under a judgment or order made in an administration claim relating to the estate of a deceased person; and
   2. a person not a party to the claim makes a claim against the estate.
2. Any person other than the executors or administrators may not appear in proceedings relating to that claim unless the court otherwise directs.

Determination of questions without administration claim

67.4

1. An executor, administrator or trustee may issue a claim for –
   1. any relief; or
   2. the determination of any question; without bringing an administration claim.
2. The “determination of any question” includes any question –
   1. arising in the administration of the estate of a deceased person;
   2. arising in the execution of, or under a trust;
   3. as to the composition of any class of persons having a claim against –
      1. a beneficial interest in the estate of a deceased person;
      2. any property subject to a trust; or
      3. the estate of a deceased person; and
   4. as to the rights or interests of a person claiming to be –
      1. a creditor of the estate of a deceased person;
      2. beneficially entitled under a trust; or
      3. entitled under a will or on the intestacy of a deceased person.
3. “Any relief” includes an order –
   1. approving any sale, purchase, compromise or other transaction by a person in the capacity of executor, administrator or trustee;
   2. directing any act to be done in the administration of the estate of a deceased person or in the execution of a trust, which the court could order to be done if the estate or trust were being adminis­tered or executed under the direction of the court;
   3. directing a person to do or abstain from doing a particular act in the capacity of executor, administrator or trustee;
   4. requiring an executor, administrator or trustee to furnish and verify accounts; or
   5. requiring the payment into court of money held by a person in the capacity of executor, administrator or trustee.

Judgments and orders in administration claims

67.5

1. The court need not make any judgment or order in an administration claim unless satisfied that the question in issue cannot be determined by other means.
2. If an administration claim is brought by a –
   1. creditor of the estate of a deceased person;
   2. person claiming to be beneficially entitled under a trust; or
   3. person claiming to be entitled under the will or the intestacy of a deceased person; and the claimant alleges that no, or no sufficient accounts have been furnished by the executors, administrator or trustees, the court may –
      1. stay the proceedings until a specified date and direct the executors, administrators or trustees to supply proper ac­counts to the claimant; or
      2. if it is necessary to prevent proceedings by other creditors or claimants, give judgment or make an order for the admini­stration of the estate and include an order that no proceed­ings are to be taken under the judgment or order, or under any particular account or inquiry directed without the court’s permission.

 Conduct of sale of trust property

67.6

1. If in an administration claim an order is made for the sale of any property vested in administrators, executors or trustees, they are to have conduct of the sale unless the court otherwise directs.