Victorian Consolidated Regulations Victorian Consolidated Regulations(1) If a cause of action survives against the estate of a deceased person, a person wishing to obtain an order in respect of that cause of action may, if no grant of representation has been made, bring a proceeding against the estate of the deceased.
(2) Without limiting paragraph (1), a proceeding brought against "the estate of A.B. deceased" must be taken to have been brought against the deceased's estate in accordance with that paragraph.
(3) A proceeding commenced naming as defendant a person who was dead when the proceeding commenced must, if the cause of action survives and no grant of representation had been made at the time the proceeding commenced, be taken to have been commenced against the estate of the deceased in accordance with paragraph (1).
(4) A proceeding commenced naming as defendant a person who was dead when the proceeding commenced must, if the cause of action survives and a grant of representation had been made at the time the proceeding commenced, be taken to have been commenced against the personal representative of the deceased as representing the estate of the deceased.
(5) In a proceeding within paragraph (1) or (3), the Court—
(a) may—
(i) appoint a person to represent the estate of the deceased for the purpose of the proceeding; or
(ii) if a grant of representation has been made since the commencement of the proceeding, order that the personal representative of the deceased be made a party to the proceeding; and
(b) may order that the proceeding be carried on against the person so appointed or against the personal representative, as if that person or representative had been substituted for the estate.
(6) In any proceeding within paragraph (4), the Court may order that the personal representative of the deceased be made a party, and that the proceeding be carried on against the personal representative as representing the estate of the deceased.
(7) An application for an order under paragraph (5) or (6) must be made during the period of validity for service of the complaint, unless the Court otherwise orders.
(8) Before making an order under paragraph (5) the Court may require notice to be given to—
(a) any insurer of the deceased who has an interest in the proceeding; and
(b) any person having an interest in the estate.
(9) If no grant of representation has been made any order made in the proceeding is to bind the estate of the deceased to the same extent as it would have been bound if a grant had been made and a personal representative of the deceased had been a party to the proceeding.
(10) In this Rule, "grant of representation" means a grant of probate or administration in Victoria or the resealing of a foreign grant in Victoria.