Can someone who is not a personal representative commence or defend proceedings on behalf of an estate?
British Columbia, Canada
The following excerpt is from Simard v Simard Estate, 2021 BCSC 1836 (CanLII):
Section 151 authorises the court to grant someone who is not a personal representative leave to commence or defend proceedings on behalf of an estate, notwithstanding the exclusive authority of the personal representative to administer the estate pursuant to s. 136: Mortimer v. Bender, 2020 BCSC 483 at para. 32. Subsection 151(3) includes: (3) The court may grant leave under this section if (a) the court determines the specified person seeking leave (i) has made reasonable efforts to cause the personal representative to commence or defend the proceeding, (ii) has given notice of the application for leave to (A) the personal representative, (B) any other specified persons, and (C) any additional person the court directs that notice is to be given, and (iii) is acting in good faith, and (b) it appears to the court that it is necessary or expedient for the protection of the estate or the interests of a specified person for the proceeding to be brought or defended.
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