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71.1 This Part deals with -

(a) a claim for -

(i) the administration of the estate of a deceased person ; or

(ii) the execution of a trust

under the direction of the court - such claims are referred to as "administration Claims"; and

(b) a claim 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.

Parties

71.2 (1) An administration claim or a claim under rule 4 may be

brought by -

(a) any executor or administrator of the relevant estate;

or

(b) any trustee of the relevant trust; or

(c) any person having or claiming to have a beneficial

interest in the estate of a deceased person or under a

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 any person

having a beneficial interest under the estate or trust as a defendant.

(4) However -

(a) the claimant may make any such person a defendant;

and

(b) the court may direct that any such person be made a

defendant.

Claims by third parties

71.3 (1) This rule applies where

(a) there are proceedings under a judgment or order

made in an administration claim relating to the estate

of a deceased person; and

(b) a person not a party to the claim makes a claim

against the estate.

(2) No person other than the executors or administrators may

appear in proceedings relating to that claim unless the court otherwise directs.

Determination of questions without administration.

71.4 (1) An executor, administrator or trustee may apply for -

(a) the determination of any question; or

(b) any relief,

without bringing an administration claim.

(2) The "determination of any question" includes -

(a) any question arising in the administration of the estate of a deceased person;

(b) any question arising in the execution of a trust;

(c) any question as to the composition of any class of persons having a claim against -

(i) the estate of a deceased person; or

(ii) a beneficial interest in the estate of a deceased person; or

(iii) any property subject to a trust; and

(d) any question as to the rights or interests of a person

claiming to be -

(i) a creditor of the estate of a deceased person;

or

(ii) entitled under a will or on the intestacy of a

deceased person; or

(iii) to be beneficially entitled under a trust.

(3) "Any relief" includes an order -

(a) requiring an executor, administrator or trustee to furnish and verify accounts;

(b) requiring the payment into court of money held by a person in his capacity as executor, administrator or trustee;

(c) directing a person to do or abstain from doing a particular act in his capacity as executor, administrator or trustee;

(d) approving any sale, purchase, compromise or other transaction by a person in his capacity as executor, administrator or trustee; and

(e) 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.

Judgments and orders in administration claims

71.5 (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 any other means.

(2) Where an administration claim is brought by -

(a) a creditor of the estate of a deceased person; or

(b) a person claiming to be entitled under the will or the

intestacy of a deceased person; or

(c) a person claiming to be beneficially entitled under a trust, and the claimant alleges that no, or no sufficient, accounts have been furnished by the executors, administrator or trustees, the court may

(i) stay the proceedings until a specified date and direct

the executors, administrators or trustees to supply

proper accounts to the claimant; or

(ii) 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

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

Scope of rules 71.8 - 71.16

71.7 (1) Rules 71.8 - 71.16 apply -

(a) where in proceedings for the administration under the direction

of the court any judgment or order directs that -

(i) an account of debts or liabilities of the deceased's estate

be taken; or

(ii) any inquiry be made for next of kin or unascertained claimants; and

(b) where in proceedings for the execution of a trust under the

direction of the court, the judgment directs any such inquiry to

be made, and also, with any necessary modifications, where any

judgment directs that an account of debts or other liabilities or

an inquiry be made.

Advertisements for creditors and other claimants

71.8 (1) The court may direct the making of advertisements for creditors

or other claimants taking into account any advertisements

previously issued by the personal representatives or trustees

concerned.

(2) The advertisement must be prepared by the party prosecuting the

judgment.

(3) An advertisement for creditors must be signed by that party's

attorney, or if he be not represented, be issued in the name of the

court.

(4) An advertisement for other claimants must be approved by the

court and issued in the name of the court.

(5) The court must direct the time within which and the person to

whom, any claimant is to send his name and address and

particulars of his claim and such information must be stated in

the advertisement.

Failure to apply within time specified

71.9 (1) A claimant who fails to send particulars of his claim to the

person named in any advertisement directed by the court within

the time specified in the advertisement is not entitled to

prove his claim without the permission of the court.

(2) In giving permission, the court may impose terms.

Examination of claims

71.10 (1) Where the court directs an account of the debts and liabilities of

the estate of a deceased person it must appoint a party to -

(a) examine the claims of persons claiming to be creditors of

the estate and determine, so far as he is able, to which of

such claims the estate is liable; and

(b) at least 7 clear days before the time appointed for

adjudicating on claims, make an affidavit verifying lists of -

(i) claims sent in pursuance of any advertisements;

(ii) claims which have been received by any of the

personal representatives otherwise than in

pursuance of an advertisement; and

(iii) debts of the deceased at the time of his death in

respect of which no claim has been received but

which are or may be still due and which have

come to the knowledge of any of the personal

representatives.

(2) Where the court directs an inquiry for next of kin or

unascertained claimants it must appoint a party to -

(a) examine the claims and determine, so far as he is able, which of them are valid claims; and

(b) at least 7 clear days before the time appointed for adjudicating on claims, make an affidavit verifying lists of -

(i) claims sent in in pursuance of any

advertisements; and

(ii) claims received by any of the personal

representatives or trustees concerned, otherwise

than in pursuance of an advertisement, or which

have come to his knowledge.

(3) The affidavit must, as the circumstances of the case require,

specify -

(a) in relation to the claims of creditors, the claims and debts

which in the belief of the deponent are liabilities of the

estate of the deceased and ought to be allowed in whole

or in part; and

(b) in relation to the claims of persons other than creditors,

the claims which in the belief of the deponent are valid

claims, with, in either case, the reasons for such belief.

(4) If the personal representatives or trustees concerned are not the

parties directed to examine claims, they must join with that party

in making the affidavit required by this rule.

Adjudication on claims

71.11 (1) The court adjudicating the claims may -

(a) allow any such claim with or without proof; or

(b) direct any such claim to be investigated; or

(c) require the claimant to -

(i) attend and prove; or

(ii) furnish further particulars or evidence of,

his claim.

(2) Where the court exercises the power conferred by paragraph

(1)(c) such party as the court directs must serve on that claimant

a notice requiring him to -

(a) file an affidavit in support of his claim within a time

specified by the court and to attend before the court on

a date time and place stated in the notice for the claim to

be adjudicated; or

(b) produce to the court at a date time and place specified

such documents in support of his claim as may be

specified and described.

(3) Where a claimant fails to comply with a notice served on him

under paragraph (2) his claim may be disallowed.

(4) A claimant who files an affidavit under paragraph (2)(a) must

also serve a copy on the party serving the notice on him.

(5) Any person claiming to be a secured creditor must produce his security to the court.

(6) References to a claim include part of a claim.

Adjournment of adjudication

71.12 Where any claim is not disposed of on the day appointed for adjudication the court -

(a) must adjourn the adjudication to a specified date; and

(b) may fix the time by which any evidence in support of or in opposition to the claim must be filed.

Service of notice of judgment on certain claimants

71.13 (1) Where a claimant other than a creditor has established his claim,

then, unless -

(a) he is a party to the proceedings; or

(b) has previously been served with a copy of the judgment; or

(c) the court otherwise directs,

the party having conduct of the proceedings must serve a copy

of the judgment on him.

(2) A person served with a copy of the judgment may, within one

months after service of the copy judgment apply to the court to

discharge, vary or add to the judgment.

(3) Subject to such an application, a person served with a copy of

the judgment is bound by it to the same extent as he would have been had been a party to the proceedings.

(4) Such a person may taken part in any proceedings under the judgment.

(5) If the court makes a direction under paragraph (1)(c) it may

direct that that person is bound by the judgment, if so he is

bound unless the judgment has been obtained by fraud or non-

disclosure of material facts.

Notice etc., of claims allowed

71.14 (1) Such party as the court directs must serve on every creditor

whose claim or any part thereof has been allowed or disallowed

and who did not attend when the claim was adjudicated a notice

informing him of that fact.

(2) Such party must also make out a list of the creditors' claims and

a list of any other claims and file it at the court office.

Service of notices

71.15 The address for service of any notice on a claimant is the address

stated in the claim or, if an attorney is acting for him the address of that

attorney.

Interest on debts

71.16 (1) Where an account of the debts of a deceased person is directed

by any judgment, then, unless -

(a) the deceased's estate is insolvent; or

(b) the court otherwise directs,

interest must be allowed -

(i) on any debt that carries interest, at the rate it carries; and

(ii) on any other debt at the statutory rate of interest from the date of judgment.

(2) A creditor who has established his debt in proceedings under the

judgment and whose debt does not carry interest is entitled

to interest on his debt at the statutory from the date of the

judgment out of any assets which may remain after satisfying

the costs of the proceedings, the debts which have been

established and the interest on such of the debts as by law

carry interest.

Interest on legacies

71.17 Where an account of legacies is directed by any judgment, then, subject

to any directions contained in the will or codicil in question and to any

order made by the court, interest must be allowed on each legacy at the

statutory rate of interest beginning at the expiration of one year after the

testator's death.