Administration of Estates (Northern Ireland) Order 1979

Jurisdiction of county court in contentious matters N.I.

12.—(1) Where, on an application to the High Court for the grant or revocation of representation, the Master or the Registrar is satisfied by affidavit, and certifies, that the property included in the net estate of the person in respect of whose estate the application is made did not at the time of his death exceed £15,000 in value, the county court F1 ... shall have the jurisdiction of the High Court in respect of any contentious matter arising in connection with that grant or revocation.

(2) The statements in the affidavit as to the place of abode and value of the estate of the deceased person shall, subject to paragraph (3), be conclusive for the purpose of authorising the exercise of the jurisdiction conferred on a county court by paragraph (1) and the grant or revocation of representation in compliance with the order of the court.

(3) Where it is shown to a county court before which any matter is pending under this Article that the place of abode or the value of the property included in the net estate of the deceased person has not been correctly stated in the affidavit, and, if it had been correctly stated, that court would not have been authorised to exercise jurisdiction in the matter, that court shall stay all further proceedings in the matter and make such order as to the costs of the proceedings as it considers just, and any party may apply to the High Court for the grant or revocation in question.

(4) On a decree being made by a county court for the grant or revocation of representation, that court shall cause a copy of the decree to be sent as soon as is reasonably practicable to the Probate and Matrimonial Office and, on the application of the person entitled thereto, a grant shall be made, or, as the case requires, the existing grant shall be revoked (according to the effect of the decree).

(5) In paragraph (1) “net estate” means all property of which the deceased person had power to dispose by his will, otherwise than by virtue of a special power of appointment, less the amount of his funeral, testamentary and administration expenses, debts and liabilities, including any capital transfer tax or estate duty payable out of his estate on his death.

(6) This Article has effect whether the deceased person died before or after the end of the year 1955.

F1 Words in art. 12(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 79, Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)