County Courts (Northern Ireland) Order 1980

Power to grant limited administration N.I.

16.—(1) Where—

(a) a person dies concerning whose property any proceedings are pending in a county court; and

[F1 (b) subject to paragraph (iii), the gross value of his property (exclusive of property to which he was entitled as a trustee and not beneficially) so far as it consists of property other than land does not exceed £45,000 in value and so far as it consists of land does not exceed—

(i) in the case where the land has a net annual value, £4,060;

(ii) in the case where the land has a capital value, £400,000;

(iii) in the case where the land has a net annual value and a capital value, both conditions in sub-paragraphs (i) and (ii) of paragraph (b) are satisfied.]

(c) the judge is satisfied that representation has not been raised to him or that no representative is available for the purpose of the proceedings;

the judge may by order in writing under his hand appoint as executor for the purpose only of such proceedings such person as the judge may think fit; and such order shall be made subject to such conditions as to the giving of security and otherwise as the judge may think proper.

(2) A person appointed under paragraph (1) shall for such purpose as aforesaid represent the deceased person as fully and effectually as if that person had died intestate and administration of his estate had been duly granted to the person so appointed.

F1 Art. 16(1)(b) substituted (1.4.2007) by Rates (Consequential Provisions) Order (Northern Ireland) 2007 (S.R. 2007/192), art. 2(1), Sch. 1 para. 4(g)