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

• (1) An application for a declaration of presumed death shall be made by originating summons in Form No. 9A, and any further application under this Order, other than an application under rule 7(2), shall be made by summons in Form No. 28, unless the Court otherwise directs.

• (2) The applicant, and any other person as the Court may direct, shall be a party to an application for a declaration of presumed death.

• (3) An application for a declaration of presumed death shall be supported by an affidavit which shall contain details of the following, where known—

• (a) the name and address of the applicant;

• (b) the relationship of the applicant to the missing person;

• (c) the name of the missing person to whom the application relates, and any other names by which the missing person is known;

• (d) the address or the last known residence of the missing person;

• (e) the date of birth of the missing person;

• (f) the national insurance number of the missing person;

• (g) the date on which the missing person is—

• (i) thought to have died; or

• (ii) last known to have been alive;

• (h) a statement as to which of sections 1(2)(a), (b) or (c) is relied upon to give the Court jurisdiction to entertain the proceedings;

• (i) where the missing person is married, or is party to a civil partnership and the applicant is neither the spouse nor the civil partner of the missing person, the name and address of the spouse or, as the case may be, the civil partner of the missing person;

• (j) where the application is made by a person other than the spouse, civil partner, or a close relative of the missing person, details of the applicant’s interest in the determination of the application;

• (k) an estimate of the total value of the assets of the missing person;

• (l) details of any property owned by the missing person; and

• (m) details of the interest of any person in the property of the missing person sought to be determined by the Court.

Service of notice of application for a declaration of presumed death on Attorney General

3

The applicant shall give notice to the Attorney General of an application for a declaration of presumed death by serving on [⁶²¹ ...] the Attorney General a copy of the application and of the supporting affidavit at least 30 days before the application is issued.

Notice of application

4

• (1) The applicant shall give notice of an application for a declaration of presumed death by serving a copy of the application and of the supporting affidavit, unless the Court otherwise directs, on—

• (a) the Registrar General;

• (b) where the missing person is married, or is party to a civil partnership and the applicant is neither the spouse nor the civil partner of the missing person, the spouse or, as the case may be, the civil partner of the missing person;

• (c) any other person, including any insurance company, who, so far as is known to the applicant, has any interest in the application; and

• (d) any other person, as the Court may direct.

• (2) Notice under paragraph (1)(a)-(c) shall be served by the applicant upon issue of the application, or as soon thereafter as is reasonably practicable.

• (3) Notice under paragraph (1)(d) shall be served by the applicant not more than 7 days after such direction is given.

• (4) The applicant shall cause notice of an application for a declaration of presumed death to be published, in Form No. 76, at least 21 days before the hearing, in at least one edition of one newspaper circulating in the vicinity of the last known residence of the missing person, unless the Court otherwise directs.

• (5) A copy of the page of the newspaper bearing the advertisement of the notice of the application required by paragraph (4), and the date on which it was published, shall be lodged with the Court at least 2 clear days before the hearing of the application.

Declaration of presumed death

5

A declaration of presumed death shall be in Form No. 77, and shall include such finding as is required under section 2(1) and such further direction, determination or order as the Court may make under sections 4, 7(1) or 12.

Application for variation or revocation of a declaration of presumed death

6

• (1) An application for a variation order under section 5(1) shall be supported by an affidavit setting out the grounds for the application, and shall include—

• (a) the name and address of the person applying for the variation order;

• (b) the relationship of the person applying for the variation order to the missing person;

• (c) details of the interest of the person applying for the variation order in the determination of the application;

• (d) any relevant change of circumstances which has occurred since the making of the declaration; and

• (e) details of any rights to or in any property acquired as a result of the declaration.

• (2) The following shall be parties to an application for a variation order—

• (a) the applicant for the variation order;

• (b) the person who applied for the declaration of presumed death to which the application to vary or revoke applies (if other than the applicant for the variation order); and

• (c) any other person, as the Court may direct.

• (3) The applicant shall give notice of an application for a variation order by serving a copy of the application together with a copy of the supporting affidavit, unless the Court otherwise directs, on—

• (a) the Attorney General;

• (b) the person who applied for the declaration of presumed death to which the application to vary or revoke applies (if other than the applicant);

• (c) every person upon whom notice was served under rule 4(1); and

• (d) any other person, as the Court may direct.

• (4)

• (a) Notice under paragraph (3)(a) and (b) shall be served at the same time as the application issues, or as soon thereafter as is reasonably practicable.

• (b) Notice under paragraph (3)(c) shall be served by the person applying for the variation order not more than 7 days after such direction is given.

• (5) The applicant shall cause notice of an application for a variation order to be published, in Form No. 76, at least 21 days before the hearing, in at least one edition of one newspaper circulating in the vicinity of the last known residence of the missing person, unless the Court otherwise directs.

• (6) A copy of the page of the newspaper bearing the advertisement of the notice of application required by paragraph (5), and the date on which it was published, shall be lodged with the Court at least 2 clear days before the hearing of the application.

• (7) The proper officer shall give notice, in Form No. 78, of the making of a variation order to any person who applied for the declaration under section 1 to which the application to vary or revoke relates, and to the Registrar General, as soon as is reasonably practicable after the making of the order.

• (8) Any variation or revocation of a declaration of presumed death shall be in Form No. 79 and shall include such further determination or order as may be made by the Court under sections 5(4), 6(2) or 12.

lnterveners

7

• (1) Where a person who is the spouse, civil partner or a close relative of the missing person intervenes under section 10(1), he or she shall file and serve on all parties to the proceedings an affidavit specifying his or her relationship to the missing person, reasons for intervening and particulars of any determination or order sought under section 10(3)(b) or (c).

• (2) An application under section 10(2) for leave to intervene shall be made ex parte by affidavit specifying the applicant’s relationship to the missing person, the reasons for intervening, and particulars of any determination or order sought under section 10(3)(b) or (c).

• (3) Where leave is granted under paragraph (2), the intervener shall, as soon as is practicable, serve a copy of the affidavit, together with a copy of the order granting leave to intervene, on all parties to the proceedings to which the application relates.

• (4) A person who intervenes under section 10 shall not be a party to the proceedings, unless the Court otherwise directs.

Disclosure

8

• (1) An application under section 11(1) for disclosure of information by a person who is not a party to the proceedings shall be supported by an affidavit which shall—

• (a) specify or describe the information in respect of which the order is sought;

• (b) set out the reasons why the person making the application believes the person against whom the order is sought is likely to have such information; and

• (c) include any further details of the missing person, where any are known, which are likely to assist in providing the information sought.

• (2) Any party making an application under section 11(1) shall serve a copy of the application, together with a copy of the supporting affidavit, on the person against whom the order is sought, and on every other party to the proceedings, at least 14 days before the date fixed for the hearing of the application.

• (3) The proper officer shall serve notice under section 11(3) of the Court’s intention to make an order for disclosure of information, in Form No. 80, on any person who is likely to be affected by the order, as directed by the Court, at least 14 days before the hearing at which the order is intended to be made.

• (4) An order for disclosure shall be in such terms as the Court thinks just, and shall require the person against whom the order is made to make an affidavit stating whether any information specified or described in the order is, or at any time has been, in his or her possession, custody or power and, if no longer in his or her possession, custody or power, when he or she parted with it and what has become of it.

• (5) The proper officer shall serve a copy of an order for disclosure, in Form No. 81, on every person upon whom notice of the Court’s intention was served under paragraph (3) within 7 days of the order being made, or as soon as is reasonably practicable thereafter.

• (6) An application under section 11(4) to discharge or vary an order made under section 11(1) shall be supported by an affidavit which shall specify the reasons relied on.

• (7) Any person making an application under section 11(4) shall serve a copy of the application, together with a copy of the supporting affidavit, at the same time as the application issues or as soon thereafter as is reasonably practicable, on every other person upon whom notice of the Court’s intention was served under paragraph (3), and on every party to the proceedings.

• (8) The proper officer shall serve a copy of an order for the variation or discharge of an order made under section 11(1), in Form No. 82, on every person upon whom notice of the Court’s intention was served under paragraph (3) within 7 days of the order being made, or as soon as is reasonably practicable thereafter.

Affidavits

9

Any affidavit in support of an application under these Rules shall exhibit any documentary evidence relied on.

Originating summons procedure

10

• (1) Order 28 does not apply in relation to originating summonses issued under this Order, with the exception of—

• (a) rule 5; and

• (b) rule 10(1), which applies subject to the appropriate modification.

• (2) Order 32, rule 7, shall apply in relation to an originating summons issued under this Order as it applies in relation to other summonses.]

[ Appeals to the High Court

1

Appeals to the High Court under the following statutory provisions shall be brought by way of case stated in accordance with the provisions of Order 56—

• (i) section 11(1) of the Tribunals and Inquiries Act 1992⁶²⁴ (appeals from [⁶²⁵ ...] tribunals in Schedule 1 to the Act);

• (ii) Article 34 of the Registered Homes (Northern Ireland) Order 1992⁶²⁶ (appeals from a Registered Homes Tribunal).]

[⁶²⁷[⁶²⁸ ...]]

• (iv) ⁶²⁹ Article 24 of the Education (Northern Ireland) Order 1996⁶³⁰].

Appeals to the Court of Appeal

2

• (1) [⁶³¹ Subject to [⁶³² paragraphs (2) to (5)]], appeals to the Court of Appeal under the following statutory provisions shall be brought by way of case stated in accordance with the provisions of Order 61—

• (i) ⁶³³ Article 22 of the Industrial Tribunals (Northern Ireland) Order 1996⁶³⁴] (appeals from an industrial tribunal);

• (ii) section 14 of the Social Security Act 1980⁶³⁵ (appeals from Social Security Commissioner);

• (iii) ⁶³⁶ sections 94(3) and 114(5) of the Social Security (Northern Ireland) Act 1975⁶³⁷ (appeals from the Department of Health and Social Services);

• (iv) Article 63(3) of the Social Security Pensions (Northern Ireland) Order 1975⁶³⁸ (appeals from the Occupational Pensions Board);

• (v) Article 13(5) of the Social Security (Northern Ireland) Order 1982⁶³⁹ (appeals from Department of Health and Social Services).]

• (vi) ⁶⁴⁰ Article 90 of the Fair Employment and Treatment (Northern Ireland) Order 1998⁶⁴¹];

[⁶⁴² ...];

• (viii) ⁶⁴³ Article 18B of the Building Regulations (Northern Ireland) Order 1979 (appeals from the Department of the Environment)⁶⁴⁴;

• (ix) Article 26 of the Child Support (Northern Ireland) Order 1991 (appeals from Child Support Commissioner)⁹⁵⁴];

[⁹⁵⁵ ...]

• (xi) ⁹⁵⁶ sections 103B and 103E of the Nationality, Asylum and Immigration Act 2002⁹⁵⁷ (appeals from the Asylum and Immigration Tribunal).]

• (xii) ⁹⁵⁸ section 7 of the Special Immigration Appeals Commission Act 1997⁹⁵⁹];

• (xiii) ⁹⁶⁰ section 92(1) of the Northern Ireland Act 1998 ⁹⁶¹;

• (xiv) section 49(1)(a) of the Competition Act 1998.]

• (xv) ⁹⁶² Article 30(4)(b) of the County Courts (Northern Ireland) Order 1980 (appeals from small claims arbitrations)[⁹⁶³;]]

[⁹⁶⁴[⁹⁶⁵ ...]]

• (2) ⁹⁶⁶ On an appeal under section 14 of the Social Security Act 1980 the requisition to state a case must be lodged in the Office of the Social Security Commissioners within 6 weeks commencing on the date leave to appeal was granted].

• (3) ⁹⁶⁷ An appeal under paragraph (1)(i) or (1)(vi) may only be brought with the leave of the Court of Appeal.

• (4) The application for leave under paragraph (3) must—

• (a) state the grounds for the appeal to be brought by way of case stated rather than the appeal procedure prescribed in Order 60B; and

• (b) be lodged together with a certified copy of the tribunal’s decision in the Central Office within 14 days of the date of the tribunal’s decision.

• (5) Where under paragraph (3) leave is granted, the time limit specified in Order 61 rule 1(2)(a) for lodging the requisition to state the case shall be calculated from the date leave was so granted.]

[ Case stated by tribunal, etc. in course of proceedings]

3

• (1) This rule applies to—

• (i) any tribunal mentioned in [⁹⁶⁹ section 11(1) of the Tribunals and Inquiries Act 1992];

• (ii) the tribunal mentioned in [⁹⁷⁰ Article 31 of the Industrial Training (Northern Ireland) Order 1984].

• (iii) ⁹⁷¹ the Department mentioned in section 94(1) of the Social Security (Northern Ireland) Act 1975;

• (iv) the Occupational Pensions Board mentioned in Article 63(1) of the Social Security Pensions (Northern Ireland) Order 1975;

• (v) the Department mentioned in Article 13(4) of the Social Security (Northern Ireland) Order 1982.]

• (vi) ⁶⁴⁵ the tribunal mentioned in sections 18 and 40 of the Fair Employment (Northern Ireland) Act 1989.]

• (vii) ⁶⁴⁶ the Department mentioned in Article 18B(8) of the Building Regulations (Northern Ireland) Order 1979]

• (2) Any tribunal to which this rule applies may, of its own motion or at the request of any party to the proceedings before it, state in the course of those proceedings any question of law arising in the proceedings in the form of a special case for the decision of the High Court or the Court of Appeal, as the case may be.

• (3) ⁶⁴⁷ Any party to proceedings before any tribunal mentioned in paragraph (1) (i) or (ii) who is aggrieved by the tribunal’s failure or refusal to state such a case may apply to the High Court or the Court of Appeal, as the case may be, for an order directing the tribunal to do so.]

• (4) A case stated by any such tribunal which has no chairman or member who acts as chairman must be signed by the member or members of the tribunal.

• (5) ⁶⁴⁸ The bodies [⁶⁴⁹ mentioned in rule 3(1)(iii), (iv), (v) and (vii)] shall be deemed to be tribunals for the purposes of paragraphs (2) and (4).]

Rectification of register

1

• (1) Every application to the Court under section 14 of the Bills of Sale (Ireland) Act 1879⁶⁵⁰ for an order—

• (a) that any omission to register a bill of sale or an affidavit of renewal thereof within the time prescribed by that Act be rectified by extending the time for such registration, or

• (b) that any omission or mis-statement of the name, residence or occupation of any person be rectified by the insertion in the register of his true name, residence or occupation,

must be made by affidavit ex parte to the Master.

• (2) Every application for such an order as is described in paragraph (1) shall be supported by an affidavit setting out particulars of the bill of sale and of the omission or mis-statement in question and stating the grounds on which the application is made.

Entry of satisfaction

2

• (1) Every application under section 15 of the Bills of Sale (Ireland) Act 1879 to the Master for an order that a memorandum of satisfaction be written on a registered copy of a bill of sale must—

• (a) if a consent to the satisfaction signed by the person entitled to the benefit of the bill of sale can be obtained, be made ex parte;

• (b) in all other cases, be made by originating summons.

• (2) An ex parte application under paragraph (1)(a) must be supported by—

• (a) particulars of the consent referred to in that paragraph; and

• (b) an affidavit by a witness who attested the consent certifying the signature on it.

• (3) An originating summons under paragraph (1)(b) must be served on the person entitled to the benefit of the bill of sale and must be supported by evidence that the debt (if any) for which the bill of sale was made has been satisfied or discharged.

• (4) No appearance need be entered to an originating summons under paragraph (1)(b).

Restraining removal on sale of goods seized

3

No appearance need be entered to an originating summons by which an application to the Court under the proviso to section 7 of the Bills of Sale (Ireland) Act (1879) (Amendment) Act 1883 ⁶⁵¹ must be made.

Search of register

4

Any person shall be entitled to search the register of bills of sale on payment of the prescribed fee and to inspect, examine and make extracts from any registered bill of sale, without being required to make a written application, or to specify any particulars in reference thereto, such extracts not to exceed date of execution, registration, renewal of registration, satisfaction, names, addresses and occupation of parties, and amount of consideration.

Transmission of abstract etc. to county court

5

• (1) The abstract of the contents of any bill of sale required by section 11 of the Bills of Sale (Ireland) Act (1879) Amendment Act 1883 to be transferred to the chief clerk [⁶⁵² . . .] shall be in Form No. 42 in Appendix A.

• (2) Where a bill of sale is re-registered under section 11 of the Bills of Sale (Ireland) Act 1879, an abstract of the re-registration shall be transmitted by post to the chief clerk to whom such abstract would have been transmitted had the bill of sale been registered under the Bills of Sale (Ireland) Act (1879) Amendment Act 1883.

• (3) Where a memorandum of satisfaction is written under section 15 of the Bills of Sale (Ireland) Act 1879 upon any registered or re-registered copy of a bill of sale, an abstract of which has been transmitted to any chief clerk, a notice of such satisfaction, in Form No. 43 in Appendix A, shall be transmitted to each clerk to whom an abstract of such bill of sale has been transmitted.

Local registration

6

• (1) The chief clerk [⁶⁵² . . .] (hereinafter called “the clerk”) shall number the abstracts and notices of satisfaction in the order in which they shall respectively be received by him and shall file and keep them in his office.

• (2) The clerk shall keep an index, alphabetically arranged, in which he shall enter under the first letter of the surname of the mortgagor or assignor, such surname with the forenames, address and description, and the number which has been affixed to the abstract.

• (3) Upon receipt of a notice of satisfaction, the clerk shall enter the notice of satisfaction on the abstract of the bill to which it relates and shall note in the index against the name of the mortgagor or assignor the fact of the satisfaction having been entered.

• (4) The clerk shall allow any person to search the index at any time during which he is required for the time being to keep his office open, upon payment by such person of a fee of 50 pence, and to make extracts from the abstract and notice of satisfaction (if any), upon payment of 50 pence for each abstract inspected.

• (5) The clerk shall also, if required, cause an office copy to be made of any abstract or notice of satisfaction and shall be entitled for making and marking the same to the same fee as is payable to the Central Office

Application under section 29(5) of the Industrial and Provident Societies Act (Northern Ireland) 1969

7

Every application to the Court under section 29(5) of the Industrial and Provident Societies Act (Northern Ireland) 1969⁶⁵³ for an order—

• (a) that the period for making an application for recording a charge be extended, or

• (b) that any omission from or mis-statement in such an application be rectified,

must be made to the Master ex parte by affidavit setting out particulars of the charge and of the omissions or mis-statement in question and stating the grounds of the application.

Interpretation

8

In this Order, “the Master” means the Master (Queen’s Bench and Appeals) or such other officer serving in the Supreme Court as the Lord Chief Justice may designate to be the registrar for the purposes of the Bills of Sale (Ireland) Act 1879.

Interpretation

1

In this Order—

• “the 1993 Order” means the Access to Health Records (Northern Ireland) Order 1993⁶⁵⁵;

• “the Regulations” means the Access to Health Records (Steps to Secure Compliance and Complaints Procedures) Regulations (Northern Ireland) 1994⁶⁵⁶;

• “the holder of the health record” has the same meaning as in the 1993 Order;

• “complaint” means a complaint made in accordance with the Regulations;

• “date of the complaint” has the same meaning as in the Regulations;

• “the report” means a report made in accordance with the Regulations in response to a complaint.

2

Any proceedings under Article 10 of the 1993 Order shall be assigned to the Queen’s Bench Division.

Application

3

• (1) An application under Article 10 of the 1993 Order shall be made by originating summons and may be brought—

• (a) where the applicant has received a report in accordance with regulation 5 of the Regulations, within one year of the date of the report;

• (b) where the applicant has not received such a report, within 18 months of the date of the complaint.

• (2) An affidavit shall be filed in support of the summons setting out the steps taken in accordance with the Regulations to secure compliance with any requirement of the 1993 Order and there shall be exhibited to the affidavit—

• (a) a copy of the application under Article 5 or Article 8 of the 1993 Order as appropriate;

• (b) a copy of the complaint made in accordance with the Regulations;

• (c) a copy of any report given by the holder of the health record if applicable.

• (3) A copy of the said affidavit shall be served on the defendant together with the summons.]

Interpretation

1

• (1) In this Order unless the context otherwise required—

• “the Order” means the Administration of Estates (Northern Ireland) Order 1979⁶⁵⁷;

• “authorised officer” means any officer of the Office or a branch office who is for the time being authorised by the Lord Chief Justice to administer any oath or take any affidavit required for any purpose connected with his duties;

• “grant” means a grant of probate or administration;

• “the Judge” means the Judge for the time being to whom the business of the [⁶⁵⁸ Chancery Division] is assigned under section 17 of the Act and any judge of the High Court exercising jurisdiction in probate causes and matters;

• “the Office” means the [⁶⁵⁸ Chancery Office] of the [⁶⁵⁸ Chancery Division];

• “Master” in rules 3, 4, 5, 7, 8, 9(1) and (2), 10, 11, 12, 13, 14, 15, 17, 18, 20(6), 26(1), 31, 32, 37, 38, 58, and 60 includes a district judge in relation to an applicant for a grant made or proposed to be made at a branch office;

• “online portal” means the online portal established by the Department of Justice for the making of an online application for a grant;

• “personal applicant” means a person other than a trust corporation who seeks to obtain a grant without employing a solicitor, and

• “personal application” has a corresponding meaning.

• “statement of truth” means a statement signed by the applicant for a grant confirming the truthfulness of statements made in the application and the true nature of any documents lodged in support of the application.

• (2) A form referred to by number means the form so numbered in Appendix C; and such forms shall be used whenever applicable, with such variations as the Master may in any particular case direct or approve.

Applications for grants through solicitors

2

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Every solicitor through whom an application for a grant is made shall give the address of his place of business within the jurisdiction ....

Personal Applications

3

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A personal applicant may not apply through an agent, whether paid or unpaid, and may not be attended by any person acting or appearing to act as his adviser.

• (3) No personal application shall be received or proceeded with if—

• (a) it becomes necessary to bring the matter before the Court on motion or by action;

• (b) an application has already been made by a solicitor on behalf of the applicant and has not been withdrawn;

• (c) the Master otherwise directs.

• (4) After a will has been deposited in the Office or any branch office by a personal applicant, it may not be delivered to the applicant or to any other person unless in special circumstances the Master so directs.

• (5) A personal applicant shall produce a certificate of the death of the deceased or such other evidence of the death as the Master may approve.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Unless the Master otherwise directs, every ... affidavit or guarantee required on a personal application (other than a guarantee given by a corporation in accordance with rule 38), shall be sworn or executed by all the deponents or sureties before an authorised officer.

• (8) No legal advice shall be given to a personal applicant by any officer of the Office or branch office ....

Duty of Master on receiving application for grant

4

• (1) The Master shall not allow any grant to issue until all inquiries which he may see fit to make have been answered to his satisfaction.

• (2) The Master may require proof of the identity of the deceased or of the applicant for the grant beyond that contained in the statement of truth.

• (3) Except with the leave of the Master, no grant of probate or of administration with the will annexed shall issue within seven days of the death of the deceased and no grant of administration shall issue within [⁶⁵⁹ twenty-eight days] thereof.

Oath in support of grant

5

• (1) Every application for a grant shall be supported by an statement of truth in the form applicable to the circumstances of the case ... and by such other papers as the Master may require.

• (2) On an application for a grant of administration the statement of truth shall state whether, and if so, in what manner, all persons having a prior right to a grant have been cleared off.

• (3) Unless otherwise directed by the Master, the statement of truth shall state where the deceased died domiciled.

Grant in additional name

6

Where it is necessary to describe the deceased in a grant by some name in addition to his true name, the applicant shall state in the statement of truth the true name of the deceased and shall confirm that some part of the estate, specifying it, was held in the other name, or as to any other reason that there may be for the inclusion of the other name in the grant.

Marking of wills

7

Every will in respect of which an application for a grant is made shall be marked by the signature of the applicant ..., and shall be exhibited to any affidavit which may be required under this Order as to the validity, terms, conditions or date of execution of the will;

Engrossment for purposes of record

8

• (1) Where the Master considers that in any particular case a photographic copy of the original will would not be satisfactory for purposes of record, he may require an engrossment suitable for photographic reproduction to be lodged.

• (2) Where a will contains alterations which are not admissible to proof, there shall be lodged an engrossment of the will in the form in which it is to be proved.

• (3) Any engrossment lodged under this rule shall reproduce the punctuation, spacing and division into paragraphs of the will and, if it is one to which paragraph (2) of this rule applies, it shall be made book-wise on durable paper following continuously from page to page on both sides of the paper.

• (4) Where any pencil writing appears on a will, there shall be lodged a copy of the will or of the pages or sheets containing the pencil writing, in which there shall be underlined in red ink those portions which appear in pencil in the original.

Evidence as to due execution of will

9

• (1) Where a will contains no attestation clause or the attestation clause is insufficient or where it appears to the Master that there is some doubt about the due execution of the will, he shall, before admitting it to proof, require an affidavit as to due execution from one or more of the attesting witnesses or, if no attesting witness is conveniently available, from any other person who was present at the time the will was executed.

• (2) If no affidavit can be obtained in accordance with the last foregoing paragraph, the Master may, if he thinks fit having regard to the desirability of protecting the interests of any person who may be prejudiced by the will, accept evidence on affidavit from any person he may think fit to show that the signature on the will is in the handwriting of the deceased, or of any other matter which may raise a presumption in favour of the due execution of the will.

• (3) If the Master, after considering the evidence—

• (a) is satisfied that the will was not duly executed, he shall refuse probate and shall mark the will accordingly;

• (b) is doubtful whether the will was duly executed, he may refer the matter to the court on motion.

Execution of will of blind or illiterate testator

10

Before admitting to proof a will which appears to have been signed by a blind or illiterate testator or by another person by direction of the testator, or which for any other reason gives rise to doubt as to the testator having had knowledge of the contents of the will at the time of its execution, the Master shall satisfy himself that the testator had such knowledge.

Evidence as to terms, conditions and date of execution of will

11

• (1) Where there appears in a will any obliteration, interlineation, or other alteration which is not authenticated in the manner prescribed by section 21 of the Wills Act, 1837⁶⁶⁰, or by the re-execution of the will or by the execution of a codicil, the Master shall require evidence to show whether the alteration was present at the time the will was executed and shall give directions as to the form in which the will is to be proved:

Provided that this paragraph shall not apply to any alteration which appears to the Master to be of no practical importance.

• (2) If from any mark on the will it appears to the Master that some other document has been attached to the will, or if a will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the will, the Master may require the document to be produced and may call for such evidence in regard to the attaching or incorporation of the document as he may think fit.

• (3) Where there is doubt as to the date on which a will was executed, the Master may require such evidence as he thinks necessary to establish the date.

Attempted revocation of will

12

Any appearance of attempted revocation of a will by burning, tearing or otherwise, and every other circumstance leading to a presumption of revocation by the testator, shall be accounted for to the Master’s satisfaction.

Affidavit as to due execution, terms, etc. of will

13

The Master may require an affidavit from any person he may think fit for the purpose of satisfying himself as to any of the matters referred to in rules 10, 11 and 12, and in any such affidavit sworn by an attesting witness or other person present at the time of the execution of a will the deponent shall depose to the manner in which the will was executed.

Wills not proved under section 9 of the Wills Act, 1837

14

Nothing in rule 9, 10, 11 or 12 shall apply to any will which it is sought to establish otherwise than by reference to Article 5 of the Wills and Administration of Proceedings (Northern Ireland) Order 1994, but the terms and validity of any such will shall be established to the Master’s satisfaction.

Wills of persons on military service and seamen

15

If it appears to the Master that there is prima facie evidence that a will is one to which section 11 of the Wills Act, 1937, as amended by any subsequent statutory provision applies, the will may be admitted to proof if the Master is satisfied that it was signed by the testator or, if unsigned, that it is in the testator’s handwriting,

Wills of naval personnel

16

Every application for a grant in respect of the estate of a person who has at any time served in the capacity to which the Navy and Marines (Wills) Act 1865⁶⁶¹ applies shall be supported by a certificate of the Inspector of Seamen’s Wills as to the existence of any will in his custody:

Evidence of foreign law

17

Where evidence as to the law of any country or territory outside Northern Ireland is required on any application for a grant, the Master may accept an affidavit from any person whom, having regard to the particulars of his knowledge or experience given in the affidavit, he regards as suitably qualified to give expert evidence of the law in question.

Order of priority for grant where deceased left a will

18

Where the deceased died on or after the 1st January 1956 domiciled in Northern Ireland, the person or persons entitled to a grant of probate or administration with the will annexed shall be determined in accordance with the following order of priority, namely;—

• (i) The executor;

• (ii) Any residuary legatee or divisee holding in trust for any other person;

• (iii) Any residuary legatee or devisee for life;

• (iv) The ultimate residuary legatee or devisee, or subject to paragraph (3) of rule 22 the personal representative of any such person; .or where the residue is not wholly disposed of by the will, any person (other than a creditor) entitled to a grant in the event of a total intestacy according to the priority set out in rule 20 if such person has an interest in the undisposed of residue (including the nominee of Her Majesty under Article 10 of the Order when claiming bona vacantia on behalf of the Crown)

Provided that where the residue is not in terms wholly disposed of, the Master may, if he is satisfied that the testator has nevertheless disposed of the whole or substantially the whole of the estate as ascertained at the time of the application for the grant, allow a grant to be made (subject however to rule 37) to any legatee or devisee entitled to, or to a share in, the estate so disposed of, without regard to the persons entitled to share in any residue not disposed of by the will;

• (v) Any specific legatee or devisee or any creditor or, subject to paragraph (3) of rule 22, the personal representative of any such person or, where the estate is not wholly disposed of by will, any person who, notwithstanding that the amount of the estate is such that he has no immediate beneficial interest therein, may have a beneficial interest in the event of an accretion thereto;

• (vi) Any legatee or devisee whether residuary or specific entitled on the happening of any contingency, or any person having no interest under the will of the deceased who would have been entitled to a grant if the deceased had died wholly intestate.

Grants to attesting witnesses, etc.

19

Where a gift to any person fails by reason of Article 8 of the Wills and Administration of Proceedings (Northern Ireland) Order 1994 , such person shall not have any right to a grant as a beneficiary named in the will, without prejudice to his right to a grant in any other capacity.

Order of priority for grant in case of intestacy

20

• (1) Where the deceased died on or after the 1st January 1956, wholly intestate and domiciled in Northern Ireland, the persons having a beneficial interest in the estate of the deceased shall be entitled to a grant of administration in the following order of priority, namely—

• (i) The surviving spouse [⁶⁶² or civil partner];

• (ii) The children of the deceased (including any persons entitled by virtue of any enactment to be treated as if they were the children of the deceased born in lawful wedlock); or the issue (taking per stirpes) of any child who has died during the lifetime of the deceased;

• (iii) The father or mother of the deceased or, in the case of an illegitimate person who died before 1st January 1978 without having been legitimated, the mother;

• (iv) Brothers and sisters of the deceased (whether of the whole or half-blood); or the issue (taking per stirpes) of any deceased brother or sister (whether of the whole or half-blood) who has died during the lifetime of the deceased.

• (2) If the deceased died wholly intestate leaving no spouse [⁶⁶³ or civil partner] and if no person in any of the classes mentioned in sub-paragraphs (ii) to (iv) of paragraph (1) has survived the deceased the persons hereinafter described shall, if they have a beneficial interest in the estate of the deceased, be entitled to a grant in the following order of priority, namely—

• (i) Grandparents;

• (ii) Uncles and aunts (whether of the whole or half-blood); or the issue (taking per stirpes) of any uncle or aunt (whether of the whole or half-blood) who has died during the lifetime of the deceased;

• (iii) Great-grandparents;

• (iv) Grand-uncles and grand-aunts (whether of the whole or half-blood);

• (v) Great-great-grandparents;

• (vi) Great-grand-uncles and great-grand-aunts (whether of the whole or half-blood); or children of grand-uncles and of grand-aunts (whether of the whole or half-blood);

• (vii) Great-great-great-grandparents;.

• (viii) Children of the children of grand-uncles and of grand-aunts (whether of the whole or half-blood); or children of great-grand-uncles and of great-grand-aunts (whether of the whole or half-blood); or uncles or aunts (whether of the whole or half-blood) or great-grandparents;

• (ix) Other next of kin of nearest degree (whether of the whole or half-blood).

• (3) The personal representative of any of the persons hereinbefore mentioned shall have the same right to a grant as the person whom he represents, subject to paragraph (3) of rule 22 which provides that live interests be preferred to dead interests.

• (4) Where there are conflicting claims for a grant among the members of a class entitled to administration, the nearer in kin to the deceased of that class shall be preferred to the more remore unless the Master otherwise directs.

• (5) In default of any person having a beneficial interest in the estate of the deceased, the nominee of Her Majesty, under Article 10 of the Order shall be entitled to a grant.

• (6) If all persons entitled to a grant under the foregoing provisions of this rule have been cleared off, a grant may be made to a creditor of the deceased, or, subject to paragraph (3) of rule 22, the personal representative of a creditor, or, if the Master so directs, to any person who, notwithstanding that he has no immediate beneficial interest in the estate, may have a beneficial interest in the event of an accretion thereto.

• (7) The provisions of the Adoption of Children Act (Northern Ireland) 1967⁶⁶⁴ shall apply in determining the title to a grant as they apply to the devolution of property on intestacy.

• (8) In this rule where the deceased died on or after the 1st January 1978 illegitimate the reference to father or mother of the deceased shall have effect as if it were a reference to the natural father or mother of the deceased.

Right of assignee to a grant

21

• (1) Where all the persons entitled to the estate of the deceased (whether under a will or on intestacy) have assigned their whole interest in the estate to one or more persons, the assignee or assignees shall replace, in the order of priority for a grant of administration, the assignor or, if there are two or more assignors, the assignor with the highest priority.

• (2) Where there are two or more assignees, administration may be granted with the consent of the others to any one or more (not exceeding four) of them.

• (3) In any case where administration is applied for by an assignee, a copy of the instrument of assignment shall be lodged in the Office or branch office as the case may be.

Grants where two or more persons entitled in the same class

22

• (1) A grant may be made to any person entitled thereto without notice to other persons entitled in the same class.

• (2) A dispute between the members of a class entitled to a grant shall be brought by summons before the Master.

• (3) Unless the Master otherwise directs, administration shall be granted to a living member of a class entitled thereto in preference to the personal representative of a member of such class who has died after the deceased and to a person not under disability in preference to an infant entitled in the same class.

• (4) If the issue of a summons under this rule is known to the Master he shall not allow any grant to be sealed until such summons is finally disposed of.

Exceptions to rules as to priority

23

• (1) Nothing in rule 18, 20 or 22 shall operate to prevent a grant being made to any person to whom a grant may or may require to be made under any statutory provision.

• (2) The rules mentioned in the last foregoing paragraph shall not apply where the deceased died domiciled outside Northern Ireland, except in a case to which the proviso to rule 25 applies.

Grants to persons having spes successions

24

When the beneficial interest in the whole estate of the deceased is vested absolutely in a person who has renounced his right to a grant and has consented to administration being granted to the person or persons who would be entitled to his estate if he himself had died intestate, administration may be granted to such person or one or more (not exceeding four) of such persons;

Grants where the deceased died domiciled outside Northern Ireland

25

Where the deceased died on or after the 1st January 1956, domiciled outside Northern Ireland, a grant of administration with or without the will annexed may be made by the Master—

• (a) to the person entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased died domiciled,

• (b) to the person entitled to administer the estate by the law of the place where the deceased died domiciled,

• (c) if there is no such person as is mentioned in paragraph (a) or(b) of this rule or if in the opinion of the Master the circumstances so require, to such person as the Master may direct;

Grants to attorneys

26

• (1) Where a person entitled to a grant resides outside Northern Ireland, administration may be granted to his lawfully constituted attorney for his use and benefit, limited until such person shall obtain a grant or in such other way as the Master may direct;

Provided that where the person so entitled is an executor, administration shall not be granted to his attorney without notice to the other executors, if any, unless such notice is dispensed with by the Master.

• (2) Where the Master is satisfied by affidavit that it is desirable for a grant to be made to the lawfully constituted attorney of a person entitled to a grant of administration and resident in Northern Ireland, he may direct that administration be granted to such attorney for the use and benefit of such person, limited until such person shall obtain a grant or in such other way as the Master may direct.

Grants on behalf of minors

27

• (1) Where the person to whom a grant would otherwise be made is a minor, administration for his use and benefit until he attains the age of eighteen years shall, subject to paragraphs (3) and (4) of this rule, be granted—

• (a) to the testamentary guardian of the minor or to any guardian appointed by a court of competent jurisdiction, or by or under the provisions of the Guardianship of Infants Act, 1886⁶⁶⁶, or,

• (b) if there is no such guardian able and willing to act and the minor has attained the age of sixteen years, to any next of kin nominated by the minor or, where the minor is a married woman, to any such next of kin or to her husband if nominated by her.

• (2) Any person nominated under sub-paragraph (b) of the last foregoing paragraph may represent any other minor whose next of kin he is, being a minor below the age of sixteen years entitled in the same class as the minor who made the nomination.

• (3) Notwithstanding anything in this rule, administration for the use and benefit of the minor until he attains the age of eighteen years may be granted to any person assigned as guardian by order of the Master in default of, or jointly with, or to the exclusion of, any such person as is mentioned in paragraph (1) of this rule; and such an order may be made on application by the intended guardian, who shall file an affidavit in support of the application and, if required by the Master, an affidavit of fitness sworn by a responsible person.

• (4) Where a minor who is sole executor has no interest in the residuary estate of the deceased, administration for the use and benefit of the minor until he attains the age of eighteen years and applies for and attains a grant shall, unless the Master otherwise directs, be granted to the person entitled to the residuary estate.

• (5) A minor’s right to administration may be renounced only by a person assigned as guardian under paragraph (3) of this rule and authorised to renounce by the Master.

• (6) A grant to a guardian on behalf of a minor shall be made for his use and benefit until he shall attain the age of eighteen years and shall apply for and obtain a grant, and a grant on behalf of more than one minor shall be made for their use and benefit until one of them shall attain the age of eighteen years and shall apply for and obtain a grant.

• (7) If under paragraph (3) of rule 22 the Master directs a grant to be given for the use and benefit of a minor notwithstanding that there is a person of full age not under disability entitled to apply for a grant, he may also direct that the grant to the guardian of the minor be further limited until such person applies for and obtains a grant.

• (8) Where a grant is given for the use and benefit of a minor and there is any other minor entitled to apply for a grant for whose use and benefit a grant has not been obtained, the Master may direct that the grant be further limited until such other minor attains the age of eighteen years and applies for and obtains a grant.

• (9) Before giving a grant to any guardian of a minor the Master may require to be satisfied as to his fitness to act.

Grants where minor co-executor

28

• (1) Where one of two or more executors is a minor, probate may be granted to the other executor or executors not under disability, with power reserved of making the like grant to the minor on his attaining the age of eighteen years, and administration for the use and benefit of the minor until he attains the age of eighteen years and applies for and obtains a grant may be granted under rule 27 if and only if the executors who are not under disability renounce or, on being cited to accept or refuse a grant, fail to make an effective application therefor.

• (2) A minor executor’s right to probate on attaining the age of eighteen years may not be renounced by any person on his behalf.

Grants in case of mental or physical incapacity

29

• (1) Where the Master is satisfied that a person entitled to a grant is by reason of mental or physical incapacity incapable of managing his affairs, administration for his use and benefit, limited during his incapacity or in such other way as such Master may direct, may be granted—

• (a) in the case of mental incapacity, to the person authorised by an order of the Master of the Office of Care and Protection to apply for the grant, or

• (b) where there is no person so authorised, or in the case of physical incapacity—

• (i) if the person incapable is entitled as executor and has no interest in the residuary estate of the deceased, to the person entitled to such estate;

• (ii) if the person incapable is entitled otherwise than as executor or is an executor having an interest in the residuary estate of the deceased, to the person who would be entitled to a grant in respect of his estate if he had died intestate;

or to such other person as the Master may by order direct.

• (2) Unless the Master otherwise directs, no grant of administration shall be made under this rule unless all persons entitled in the same class as the person incapable having been cleared off.

• (3) In the case of mental incapacity, notice of intended application for a grant under this rule shall be given to the Office of Care and Protection except where the person incapable is an executor with no beneficial interest in the estate.

• (4) In the case of physical incapacity, notice of intended application for a grant under this rule shall, unless the Master otherwise directs, be given to the person alleged to be so incapable.

Grants to trust corporations

30

• (1) Where a trust corporation applies for a grant through one of its officers, such officer shall lodge a certified copy of the resolution authorising him to make the application and shall depose in the statement of truth that the corporation is a trust corporation within the meaning of Article 9 of the Order, and that it has power to accept a grant.

• (2) Subject to the provisions of the succeeding paragraphs, where a trust corporation applies for a grant of administration with or without will annexed (otherwise than as attorney for some person) there shall be lodged with the application for a grant the consents of all persons entitled to a grant and of all persons interested in the residuary or undisposed-of estate of the deceased, unless the Master directs that such consents, or any of them, be dispensed with on such terms (if any) as he may think fit.

• (3) Where an executor who has renounced his right to probate of a will is entitled to share in the residuary or undisposed-of estate of the deceased his consent to a trust corporation obtaining a grant must be expressly given (as such consent may not be inferred from his renunciation) unless the Master directs that such consent be dispensed with on such terms (if any) as he may think fit.

• (4) To enable a grant of administration to be made to a trust corporation, all the executors named in the will must be cleared off by death, renunciation or citation: Provided, however, that if the only persons entitled to probate of the will as executors are under the age of eighteen years, a grant of administration with will annexed may be made to a trust corporation on the consent of the persons entitled to the residuary or undisposed-of estate of the deceased, unless the Master directs that such consents be dispensed with on such terms, if any, as he may think fit. Such a grant shall be limited until the executor or one of the executors attains the age of eighteen years. Where any such minor executor is entitled to share in the residuary or undisposed-of estate, consent on his behalf may be given by his statutory, testamentary or other lawfully appointed guardian.

• (5) Where all the persons entitled to a grant of administration with or without will annexed and all those interested in the residuary or undisposed-of estate of a deceased are under the age of eighteen years, a grant of administration with or without will annexed may issue as of right to a trust corporation on consent of the statutory, testamentary or other already lawfully appointed guardians, but an order shall not be made by the Master assigning a guardian for the purpose of consenting to an application of a trust corporation for a grant, nor shall an election of a guardian by a minor be accepted for that purpose. If there are no guardians so qualified the issue of a grant to a trust corporation shall lie in the discretion of the Master.

Where, however, some of the persons entitled to a grant of administration with or without will annexed, or who are interested in the residuary or undisposed-of estate of a deceased are of full age (others being minors) the consents and renunciations of those of full age will be required unless the Master directs that any such consents or renunciations be dispensed with.

A grant to a trust corporation given under this paragraph shall be limited until one of the minors entitled to apply for a grant attains the age of eighteen years and applies for and obtains a grant.

Grants to corporations other than trust corporations

31

Where a corporation (not being a trust corporation) would, if an individual, be entitled to a grant, administration for its use and benefit, limited until further representation is granted, may be granted to its nominee or, if the corporation has its principal place of business outside Northern Ireland, its nominee or lawfully constituted attorney, and a copy of the resolution appointing the nominee or, as the case may be, the power of attorney, sealed by the corporation or otherwise authenticated to the Master’s satisfaction, shall be lodged with the application for the grant, and the statement of truth shall state that the corporation is not a trust corporation.

Grants to nominees of certain legatees, devisees and creditors

32

Where any legatee or devisee under the will of a deceased, or any creditor of a deceased — not being a corporation — is an association, society, institution, community, order or other body of persons (whether private or public), the Master may, if all persons entitled in priority to a grant have been cleared off, give a grant to the nominee of such legatee, devisee, or creditor, for the use and benefit of such legatee, devisee or creditor. The nomination of the applicant for the grant shall be made in such manner as the Master shall require.

Nil estate grants

33

Where a grant is given in respect of a deceased person by virtue of the provisions of Article 4(4) of the Order, it shall

• (a) in the case of an original grant be given to such person as would have been entitled thereto had the deceased died leaving assets nominal in amount in Northern Ireland; and

• (b) in the case of a de bonis non or other form of grant in respect of unadministered estate, to such person as would have been entitled thereto if there has been assets of the deceased nominal in amount unadministered in Northern Ireland at the time of making such grant.

Number of administrators

34

No grant of administration shall be made jointly to more than four persons unless the Master otherwise orders.

Administration de bonis non

35

Where on the death of a personal representative of a deceased without having fully administered the estate, it is necessary to grant administration of the unadministered estate of the deceased, the provisions of this Order that shall apply to the ascertainment of the new grantee shall be those that apply on an application for an original grant.

Renunciation of probate and adminstration

36

• (1) Renunciation of probate by an executor shall not operate as renunciation of any right which he may have to a grant of administration in some other capacity unless he expressly renounces such right.

• (2) Unless the Master otherwise directs, no person who has renounced administration in one capacity may obtain a grant thereof in some other capacity.

• (3) A renunciation of probate or administration may be retracted at any time on the order of the Master;

Provided that only in exceptional circumstances may leave be given to an executor to retract a renunciation of probate after a grant has been made to some other person entitled in a lower class.

Notice to Crown of intended application for grant

37

In any case in which it appears that the Crown is or may be beneficially interested in the estate of a deceased person, notice of intended application for a grant shall be given by the applicant to the Crown Solicitor, and the Master may direct that no grant shall issue within a specified time after the notice has been given.

Guarantee

38

• (1) The Master shall not require a guarantee under Article 17 of the Order as a condition of granting administration except where it is proposed to grant it—

• (a) by virtue of rule 18(v) or rule 20(6) to a creditor of the personal representative of a creditor or to a person who has no immediate beneficial interest in the estate of the deceased but may have such an interest in the event of an accretion to the estate;

• (b) under rule 24 to a person or some of the persons who would, if the person beneficially entitled to the whole of the estate died intestate, be entitled to his estate;

• (c) under rule 26 to the attorney of a person entitled to a grant;

• (d) under rule 27 for the use and benefit of a minor;

• (e) under rule 29 for the use and benefit of a person who is by reason of mental or physical incapacity incapable of managing his affairs;

• (f) to an applicant who appears to the Master to be resident elsewhere than in the United Kingdom;

or except where the Master considers that there are special circumstances making it desirable to require a guarantee.

• (2) Notwithstanding that it is proposed to grant administration as aforesaid, a guarantee shall not be required, except in special circumstances, on an application for administration where the applicant or one of the applicants is—

• (a) a trust corporation;

• (b) a solicitor holding a current practising certificate under the Solicitors (Northern Ireland) Order 1976⁶⁶⁷;

• (c) a servant of the Crown acting in his official capacity.

• (3) Where the master considers there are special circumstances under paragraphs (1) or (2) he shall give the applicant or his solicitor (where the application for a grant is made through a solicitor) an opportunity of being heard with respect to the requirement.

• (4) Every guarantee entered into by a surety for the purposes of Article 17 of the Order shall be in Form No. 1.

• (5) Except where the surety is a corporation the signature of the surety on every such guarantee shall be attested by an authorised officer, commissioner for oaths or other person authorised by law to administer an oath.

• (6) Unless the Master otherwise directs—

• (a) if it is decided to require a guarantee, it shall be given by two sureties, except where the gross value of the estate does not exceed £500 or a corporation is a proposed surety, and in those cases one will suffice;

• (b) no person shall be accepted as a surety unless he is resident in the United Kingdom;

• (c) No officer of the Office or a branch office shall become a surety, nor in any case in which a person is solicitor for the applicant for a grant shall he or his clerk or apprentice become a surety without the leave of the Master;

• (d) the limit of the liability of the surety or sureties under a guarantee given for the purposes of Article 17 of the Order shall be the gross amount of the estate as sworn on the application for the grant;

• (e) every surety, other than a corporation, shall justify;

• (f) no corporation shall be accepted as a surety unless it has been approved by the Court.

Resealing under Colonial Probate Acts, 1892 and 1927

39

• (1) An application under the Colonial Probates Acts, 1892 and 1927, for the resealing of probate or administration granted by the court of a country to which those Acts apply shall be made in the Office by the person to whom the grant was made or by any person authorised in writing to apply on his behalf.

• (2) On any such application—

• (a) an HM Revenue and Customs affidavit or account shall be lodged as if the application were one for a grant in Northern Ireland;

• (b) if the Master so requires, the application shall be advertised in such manner as he may direct and shall be supported by an statement of truth sworn by the person making the application.

• (3) On an application for the resealing of a grant of administration—

• (a) the Master shall not require sureties under section 4 of the Administration of Estates Act (Northern Ireland) 1971⁶⁶⁸ as a condition of resealing the grant except where it appears to him that the grant is made to a person or for a purpose mentioned in paragraphs (a) to (f) of rule 38(1) or except where he considers that there are special circumstances making it desirable to require sureties;

• (b) rule 38(2), (3), (5) and (6) shall apply with any necessary modifications; and

• (c) a guarantee entered into by a surety for the purposes of the said section 4 shall be in Form No. 2.

• (4) Except by leave of the Master, no grant shall be resealed unless it was made to such a person as is mentioned in paragraph (a) or (b) of rule 25 or to a person to whom a grant could be made under the proviso to that rule.

• (5) No limited or temporary grant shall be resealed except by leave of the Master.

• (6) Every grant lodged for resealing shall include a copy of any will to which the grant relates or shall be accompanied by a copy thereof certified as correct by or under the authority of the court by which the grant was made, and where the copy of the grant required to be deposited under subsection (1) of section 2 of the Colonial Probates Act, 1892⁶⁶⁹, does not include a copy of the will, a copy thereof shall be deposited in the Office at the same time as the copy of the grant.

• (7) The Master shall send notice of the resealing to the Court which made the grant.

• (8) Where notice is received in the Office of the resealing of a Northern Ireland grant, notice of any amendment or revocation of the grant shall be sent to the court by which it was resealed.

Application for leave to sue on guarantee

40

An application for leave under Article 17(3) of the Order or under section 4(5) of the Administration of Estates Act (Northern Ireland) 1971 to sue a surety on a guarantee given for the purpose of Article 17 or section 4 shall, unless the Master otherwise directs under rule 55, be made by summons to the Master, and notice of the application shall in any event be served on the adminstrator, the surety and any co-surety.

Amendment and revocation of grant

41

If the Master is satisfied that a grant should be amended or revoked he may make an order accordingly:

Certificate of delivery of Inland Revenue affidavit

42

Where the deceased died before March 13, 1975, the certificate of delivery of an HM Revenue and Customs affidavit required by section 30 of the Customs and Inland Revenue Act 1881⁶⁷⁰, to be borne by every grant shall be in Form No. 3.

Caveats

43

• (1) Any person who wishes to ensure that no grant is sealed without notice to himself may enter a caveat either personally or by his solicitor—

• (a) through the online portal, in accordance with instructions given through the online portal; or

• (b) in the Office or where the lodging of caveats is branch office business at the appropriate branch office.

• (2) A caveat shall be in Form No. 4 and where the caveat is entered by a solicitor on the caveator’s behalf, the name of the caveator shall be stated.

• (3) Except as otherwise provided by this rule, a caveat shall remain in force for six months, beginning with the date on which it is entered and shall then cease to have effect, without prejudice to the entry of a further caveat or caveats.

• (4) Where a caveator within the last month of a period of six months prescribed by paragraph (3) of this rule or of any additional period of six months prescribed by this paragraph, lodges an application for its extension, the caveat shall (except as otherwise provided by paragraphs (9), (12) and (14) of this rule) remain in force for an additional period of six months.

• (4A) An application for an extension of a caveat shall be made—

• (a) through the online portal, in accordance with instructions given through the online portal; or

• (b) in person by lodging an application in writing at the Office or branch office where the caveat was entered.

• (5)

• (a) The Master shall, as soon as practicable after a caveat is lodged , send notice thereof to the appropriate district judge if it is alleged that the deceased resided at the time of his death, or if he is known to have had a fixed place of abode at the time of his death, within the jurisdiction of the branch office;

• (b) The district judge shall, as soon as practicable after a caveat is lodged in a branch office, send a copy thereof to the Master and shall state the day on which the same was lodged.

• (6) The Master shall maintain an index of caveats entered ... and on receiving an application for a grant in the Office, or a notice of an application for a grant made in a branch office he shall cause the index to be searched and shall notify the appropriate district judge in the event of a caveat having been entered against the sealing of a grant for which application has been made in a branch office.

• (7) The Master or district judge shall not allow any grant to be sealed if he has knowledge of an effective caveat in respect thereof:

Provided that no caveat shall affect any grant sealed on the day on which the caveat has been lodged.

• (8) A caveat may be warned by the issue from the Office of a warning in Form No. 5 at the instance of any person intersted (in this rule called “the person warning”) which shall state his interest and, if he claims under a will, the date of the will, and shall require the caveator to give particulars of any contrary interest which he may have in the estate of the deceased; and every warning or a copy thereof shall be served on the caveator.

• (9) A caveator who has not entered an appearance to a warning may at any time withdraw his caveat by giving notice at the Office or branch office at which it was entered and the caveat shall thereupon cease to have effect and, if it has been warned, the caveator shall forthwith give notice of withdrawal of the caveat to the person warning.

• (10) A caveator having an interest contrary to that of the person warning may, within eight days of service of the warning upon him inclusive of the day of such service, or at any time thereafter if a certificate of non-appearance has not been issued under paragraph 12 of this rule, enter an appearance in Form No. 6 in the Office and make an entry in the appropriate book, and shall forthwith thereafter serve on the person warning a copy of the form of appearance.

• (11) A caveator having no interest contrary to that of the person warning but wishing to show cause against the sealing of a grant to that person may, within eight days of service of the warning upon him inclusive of the day of such service, or at any time thereafter if a certificate of non-appearance has not been issued under paragraph (12) of this rule, issue and serve a summons for directions, which shall be returnable before the Master.

• (12) If the time limited for appearance has expired and the caveator has not entered an appearance, the person warning may file in the Office an affidavit showing that the warning was duly served and obtain a certificate of non-appearance and thereupon the caveat shall cease to have effect.

• (13) Upon the commencement of a probate action the Master shall, in respect of each caveat then in force (other than a caveat entered by the plaintiff), give to the caveator notice of the commencement of the aciton and, upon the subsequent entry of a caveat at any time when the action is pending, shall likewise notify the caveator of the existence of the action.

• (14) Unless the Master by order made on summons otherwise directs—