The Rules of the Supreme Court (Northern Ireland) (Amendment) 1999

Proceedings under Articles 33 and 35 of the Wills and Administration Proceedings (Northern Ireland) Order 1994

4.  Order 93 shall be amended by adding after rule 8 the following rules—

“Applications under Article 33 of the Wills and Administration Proceedings (Northern Ireland) Order 1994

9.   An application to the Court under Article 33 of the Wills and Administration Proceedings (Northern Ireland) Order 1994 shall be begun by ex parte originating summons.

Applications under Article 35 of the Wills and Administration Proceedings (Northern Ireland) Order 1994

10.— (1) An application to the Court under Article 35 of the Wills and Administration Proceedings (Northern Ireland) Order 1994 for an order appointing a substituted personal representative or terminating the appointment of an existing personal representative shall be made by originating summons or, if made in a pending action, by summons or motion in that action.

(2) All the existing personal representatives and, notwithstanding anything in Order 15, rule 4(2) and subject to any direction of the Court, all persons (other than the plaintiff) having a beneficial interest in the estate must be made parties to the application.

(3) Such an application must be supported by—

(a) a sealed or certified copy of the grant of probate or letters of administration;

(b) an affidavit containing the grounds of the application and the following particulars so far as the plaintiff can gain information with regard to them—

(i) short particulars of the property comprised in the estate, with an approximate estimate of its income and capital value;

(ii) short particulars of the liabilities of the estate;

(iii) particulars of the persons who are in possession of the documents relating to the estate;

(iv) the names of the beneficiaries and short particulars of their respective interests;

(v) the name, address and occupation of any proposed substituted personal representative;

(c) where the application is for the appointment of a substituted personal representative—

(i) a signed or, in the case of a corporation, sealed consent to act; and

(ii) an affidavit as to the fitness of the proposed substituted personal representative, if an individual, to act.

(4) On the hearing of an application under the said Article 35 the personal representative shall produce to the Court the grant of representation to the deceased’s estate and, if an order is made under Article 35, the grant (together with the sealed copy of the order) shall be sent to and remain in the custody of the Probate and Matrimonial Office until a memorandum of the order has been endorsed on, or permanently annexed to, the grant.”.