County Court Rules (Northern Ireland) 1981

ORDER 38 Administration of estates

Lodgment of accounts by representatives of a deceased person

1.—(1) Accounts lodged in accordance with Article 17 of the Order shall set out—

(a) particulars of the property or assets which the testator or intestate died possessed of or entitled to;

(b) the amount, produce and value of such property and assets respectively;

(c) the amounts and particulars of the debts due by the testator or intestate; and

(d) the amounts and particulars of the debts, legacies and funeral and testamentary expenses of the testator or intestate paid by or on account of the executor or administrator;

and shall show the balance applicable to the purposes of the will of the testator or, as the case may be, distributable amongst the next-of-kin of the intestate, or the property or the chattels then undisposed of.

(2) The accounts shall be signed by the executor or administrator and verified on oath by the executor or administrator.

(3) The accounts shall be lodged in the Office within one month from the date when he has been required in writing to do so by any person entitled so to require under Article 17 of the Order or within such extended time as the chief clerk may direct.

Power to order advertisements

2.—(1) In any proceeding for a legacy or distributive share of the property or assets of a testator or intestate, the judge may order the party suing to give notice, either by advertisement or otherwise, requiring persons having claims on or against the property and assets of the deceased to produce and verify such claims.

(2) All costs relating to such notice shall be borne and paid in such manner and by such parties as the judge shall direct.

(3) The judge may adjourn the hearing of the proceedings to some future sittings and from time to time as occasion may require so as to allow sufficient time for publishing and giving such notice.

Lodgment of money in court

3.  In any proceedings for a legacy or distributive share of the property or assets of a testator or intestate, the judge may, if he thinks fit, order money to be paid into court in accordance with Court Funds Rules.

Administration suits

4.—(1) An administration suit may be commenced at any time after the death of the testator or intestate.

(2) Subject to Rules 2 and 3 of Order 36 the judge in administering the estate of a deceased person shall not be bound, for the purpose of distribution of any land, to sell and convert the land but may partition the land among the persons entitled to shares of the estate and for equality of partition may make a decree against any one or more of such persons for any excess in the value of the part or parts allotted to him or them.