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County Courts (Northern Ireland) Order 1980
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- Northern Ireland Orders in Council
- 1980 No. 397 (N.I. 3)
- PART III
- Probate Jurisdiction
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Changes over time for: Cross Heading: Probate Jurisdiction
Version Superseded: 01/04/2007
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- 01/01/2006- Amendment
- 01/01/2006
Point in time - 01/04/2007- Amendment
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Point in time view as at 01/01/2006.
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County Courts (Northern Ireland) Order 1980, Cross Heading: Probate Jurisdiction is up to date with all changes known to be in force on or before 23 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Probate JurisdictionN.I.
Jurisdiction in contentious probate mattersN.I.
15. A county court shall, subject to and in accordance with the provisions of Article 12 of the Administration of Estates (Northern Ireland) Order 1979 [1979 NI 14] , have the jurisdiction of the High Court in respect of any contentious matter arising in connection with the grant or revocation of probate or administration.
Power to grant limited administrationN.I.
16.—(1) Where—
(a)a person dies concerning whose property any proceedings are pending in a county court; and
(b)the gross value of his property (exclusive of property to which he was entitled as a trustee and not beneficially) so far as it consists of property other than land does not exceed[F1 £45,000] in value and so far as it consists of land[F2 does not exceed—]
[F2(i)in the case where the land comprises or includes a specified hereditament,[F3 £4,060]; and
(ii)in any other case, £500,]
[F2in annual value] ; and
(c)the judge is satisfied that representation has not been raised to him or that no representative is available for the purpose of the proceedings;
the judge may by order in writing under his hand appoint as executor for the purpose only of such proceedings such person as the judge may think fit; and such order shall be made subject to such conditions as to the giving of security and otherwise as the judge may think proper.
(2) A person appointed under paragraph (1) shall for such purpose as aforesaid represent the deceased person as fully and effectually as if that person had died intestate and administration of his estate had been duly granted to the person so appointed.
Representatives to lodge accounts if requiredN.I.
17.—(1) The representatives of a deceased person the value of whose estate does not exceed[F4 £45,000] shall, if so required in writing at any time after the expiration of twelve months from the death of that person, by a legatee, devisee, next-of-kin, heir, creditor or other person interested in the estate, make up and lodge in accordance with county court rules a duly verified account setting forth such particulars of the estate as shall be prescribed; and any representative failing to comply with such a requisition shall be guilty of contempt of court.
(2) Every such account shall be preserved among the records of the chief clerk and shall, as against the representative signing it, be evidence of the matters therein set forth.
F4SR 1993/282
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