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← Government Proceedings Act 1956

Government Proceedings Act 1956 s 23

Government Proceedings Act 1956 s 23

s 23 Suits in the name of deceased persons

23.—(1) Suits by the Government against deceased persons may be brought in the names of such deceased persons; and on the death after the commencement of any such suit by the Government of any defendant named in such suit, the suit shall not abate, nor shall the name of the deceased defendant be struck out; but the personal representatives, or any of the next of kin, of the deceased defendant or the official administrator, to be appointed as is provided in subsection (2), shall on application without notice be allowed to intervene to defend, or continue the defence of, the suit as the deceased defendant might have done; and such personal representatives, or next of kin, or official administrator, on filing and serving a notice of intention to contest or not contest, shall give notice in writing thereof to the Government, and shall be served with process as the defendant might have been if he had lived.[Act 25 of 2021 wef 01/04/2022] (2) If none of the executors named in the will of a deceased defendant, or none of the next of kin of such deceased defendant takes a grant of probate of such will or of letters of administration to the estate within one month from the death of such defendant, the court may, on the application of the Government, and on notice to the executors or next of kin, or to such of them as are known to be in Singapore, appoint an official administrator to the estate for the purposes of the suit; and such administrator may defend or continue the defence of the suit. (3) The court may, of its own motion or on the application of any such personal representative or next of kin or official administrator, grant time in any such suit, and otherwise make such arrangements, and impose such terms and conditions for the continuance of the suit as to the court seems right to secure justice to the parties.

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Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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