The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 99 INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) (NORTHERN IRELAND) ORDER 1979

Interpretation

1.  In this Order “ the Order” means the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979(1) and an Article referred to by number means the Article so numbered in that Order.

[E.r. 1]

Assignment to Chancery Division

2.  Proceedings in the High Court under the Order shall be assigned to the Chancery Division.

[E.r. 2]

Application for financial provision

3.—(1) Any originating summons by which an application under Article 3 is made shall be issued out of the Chancery Office.

(2) No appearance need be entered to the summons.

(3) An affidavit shall be filed by the applicant in support of the summons, exhibiting an official copy of the grant of representation to the deceased's estate and of every testamentary document admitted to proof, and a copy of the affidavit shall be served on every defendant with the summons.

[E.r. 3]

Powers of Court as to parties

4.—(1) Without prejudice to its powers under Order 15, the Court may at any stage of proceedings under the Order direct that any person be added as a party to the proceedings or that notice of the proceedings be served on any person.

(2) Order 15, rule 13', shall apply to proceedings under the Order as it applies to the proceedings mentioned in paragraph (1) of that rule.

[E.r. 4]

Affidavit in answer

5.—(1) A defendant to an application under Article 3 who is a personal representative of the deceased shall and any other defendant may, within 21 days after service of the summons on him, inclusive of the day of service, file in the Chancery Office an affidavit in answer to the application.

(2) The affidavit filed by a personal representative pursuant to paragraph (1) shall state to the best of the deponent's ability—

(a) full particulars of the value of the deceased's net estate, as defined by Article 2;

(b) the person or classes of persons beneficially interested in the estate, giving the names and (in the case of those who are not already parties) the addresses of all living beneficiaries, and the value of their interests so far as ascertained;

(c) if such be the case, that any living beneficiary (naming him) is a minor or a patient within the meaning of Order 80, rule 1, and

(d) any facts known to the deponent which might affect the exercise of the Court's powers under the Order.

(3) Every defendant who files an affidavit shall at the same time serve a copy on the plaintiff and on every other defendant who is not represented by the same solicitor.

[E.r. 5]

Separate representation

6.  Where an application under Article 3 is made jointly by two or more applicants and the originating summons is accordingly issued by one solicitor on behalf of all of them, they may, if they have conflicting interests, appear on any hearing of the summons by separate solicitors or counsel or in person; and where at any stage of the proceedings it appears to the Court that one of the applicants is not but ought to be separately represented, the Court may adjourn the proceedings until he is.

[E.r. 6]

Endorsement of memorandum on grant

7.  On the hearing of an application under Article 3 the personal representative shall produce to the Court the grant of representation to the deceased's estate and, if an order is made under the Order, the grant shall remain in the custody of the Court until a memorandum of the order has been endorsed on or permanently annexed to the grant in accordance with Article 21.

[E.r. 7]

Disposal of proceedings in chambers

8.  Any proceedings under the Order may, if the Court so directs, be disposed of in chambers.

[E.r. 8]

Subsequent applications in proceedings under Article 3

9.  Where an order has been made on an application under Article 3, any subsequent application under the Order, whether made by a party to the proceedings or by any other person, shall be made by summons in those proceedings.

[E.r. 9]

Remittal to county court

10.—(1) Where an application to which Article 24(1) relates is within the jurisdiction of a county court, the Court may, if the parties consent or it appears to the Court to be desirable, order the remittal of the application to such county court as appears to the Court to be most convenient to the parties.

(2) An order under paragraph (1) may be made by the Court of its own motion or on the application of any party, but before making an order of its own motion otherwise than by consent the Court shall give the parties an opportunity of being heard on the question of remittal and for that purpose the Master may give the parties notice of a date, time and place at which the question will be considered.

[E.r. 11]

(1)

S.I. 1979 No. 924 (N.I. 8)