Administration of Estates (Northern Ireland) Order 1979

Procedure in branch office N.I.

19.—(1) Where it appears to the circuit registrar who has supervision of a branch office of the Probate and Matrimonial Office that the making of a grant for which an application has been made to that office is branch office business, he may make the grant in the name of the High Court and under the seal of the branch office.

(2) The validity of a grant shall not be questioned on the ground that the making of it was not branch office business.

(3) A circuit registrar shall not make a grant—

(a) in a contentious matter, until the contention is disposed of; or

(b) in any case in which a doubt or question such as is mentioned in paragraph (4) arises, except in accordance with a direction under that paragraph.

(4) Where—

(a) it appears doubtful to a circuit registrar whether a grant should be made, or

(b) any question arises in relation to a grant, or an application for a grant,

the circuit registrar shall submit the matter for the directions of the High Court, and the High Court may either—

(i) direct the circuit registrar to proceed with the matter in accordance with any instructions of the Court, or

(ii) forbid any further proceedings by the circuit registrar in relation to the matter, leaving the party applying for the grant to apply either to the High Court otherwise than through the branch office or, if the case is within the jurisdiction of the county court, to that court.

(5) The foregoing provisions of this Article shall have effect with the necessary modifications in relation to the revocation of a grant as they have effect in relation to the making of a grant.