The Wills and Administration Proceedings (Northern Ireland) Order 1994 No. 1899 (NI. 13)

PART III N.I. ADMINISTRATION OF ESTATES AND TRUSTS

Powers of High Court in proceedings relating to estates of deceased persons and trusts N.I.

Power to authorise action to be taken in reliance on counsel's opinion N.I.

33.—(1) Where—

(a) any question of construction has arisen out of the terms of a will or a trust; and

(b) an opinion in writing given by a barrister-at-law of at least ten years' standing has been obtained on that question by the personal representatives or trustees under the will or trust,

the High Court may, on the application of the personal representatives or trustees and without hearing argument, make an order authorising those persons to take such steps in reliance on the opinion as are specified in the order.

(2) The High Court shall not make an order under paragraph (1) if it appears to the court that a dispute exists which would make it inappropriate for the court to make the order without hearing argument.