Every so often, we stumble upon a procedural question that seems like it ought to have a simple answer. But, after some digging, the question turns out to be complex and without a straightforward answer.
Recently, such a question presented itself while preparing materials in a basic dependant support application. In this matter, the deceased died leaving a will that failed (we argued) to provide adequate provision for the proper support of our dependant client.
When it came to naming the parties to the proceeding, turning to Rule 9 of the Rules of Civil Procedure, we named the Estate Trustee as the sole respondent.
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