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Administration of Estates (Northern Ireland) Order 1979
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- Northern Ireland Orders in Council
- 1979 No. 1575 (N.I. 14)
- PART III
- Other powers of courts
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Other powers of courtsN.I.
Continuance of legal proceedings after revocation of temporary administrationN.I.
21. If, while any legal proceedings are pending in any court by or against an administrator to whom temporary administration has been granted, that administration is revoked, that court may order that the proceedings be continued by or against the new personal representative in like manner as if the proceedings had been originally commenced by or against him, but subject to such conditions and variations, if any, as that court directs.
Power of High Court to order sale of land where there is a Crown interestN.I.
22.—(1) Where in any proceeding in the High Court it appears to the Court that Her Majesty is entitled in right of the Crown to any estate in land derived from the estate of a deceased person, the Court may, on the application or with the consent of the Treasury Solicitor or a person nominated by the Treasury Solicitor, order that estate in land or the land itself to be sold.
(2) On a sale in pursuance of an order under paragraph (1)—
(a)section 47 of the Trustee Act (Northern Ireland) 1958 [1958 c.23] (power of court to make vesting order consequential on order for sale) shall apply; and
(b)such portion of the net proceeds of sale (that is to say, the price received for the land less the expenses of sale) as represents Her Majesty's estate—
(i)shall be paid to the Treasury Solicitor and dealt with in accordance with section 4 of the Treasury Solicitor Act 1876 [1876 c.18] , or
(ii)where the order was made on the application or with the consent of a person nominated by the Treasury Solicitor, shall be paid to that person and dealt with by him in accordance with any directions in writing given to him by the Treasury Solicitor.
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