The applicant, Liping Liu, brought a motion seeking to amend her Notice of Application to substitute the Estate of Alphons Guigues as applicant (with her as Estate Trustee), to add the deceased's siblings and niece as respondents, and to strike or set a new timetable for the respondent's counter-application.
The background involved a dispute over the deceased's handwritten will, which left a condominium to the Coptic Church, and Ms. Liu's standing to contest it, as well as her potential dependency claim.
The court applied Rules 1.04 and 26.01 of the Rules of Civil Procedure, emphasizing the principles of just, expeditious, and proportionate determination.
The court found no prejudice to the respondent in allowing the amendments, noting that the deceased's siblings and niece had an interest and should be made parties.
The court also found that Ms. Liu had a statutory right under section 29 of the Estates Act to apply as Executor and Trustee of the Estate without a will for the portion of the estate not dealing with the condominium.
The motion to amend was allowed, new parties were ordered to be served, and a timetable was set for compliance with a previous order.