{
  "url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-46/rule-7",
  "json_url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-46/rule-7.json",
  "legislation": "nisr/1981/225",
  "legislation_title": "County Court Rules (Northern Ireland) 1981",
  "legislation_url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981",
  "path": "part/46/rule/7",
  "kind": "rule",
  "number": "7",
  "heading": "Entry of civil bill and lodgment of affidavits",
  "text": "(1) [ Together with the Certificate of Readiness, the testamentary civil bill and a copy of the testamentary civil bill] there shall be lodged with the chief clerk—\n(a) a certified copy of the affidavit (the content of which is, subject to anything provided to the contrary by a competent authority, indicated in Form 188) showing that the matter is within the jurisdiction of the court; and\n(b) where the plaintiff seeks to obtain a grant of probate or letters of administration, an affidavit specifying the names and addresses of the next-of-kin and such persons as may be entitled according to the law governing the distribution of intestates’ estates to any interest in the assets of the alleged testator or intestate named in the civil bill;\nand such affidavits shall be kept amongst the records of the court and be produced by the chief clerk at the hearing of the civil bill.\n(2) The affidavit under paragraph (1)(a) shall, except as provided in paragraph (3), be conclusive for the purpose of authorising the exercise of the jurisdiction of the court and the grant or revocation of probate or letters of administration in compliance with the decree of [ the judge], and no grant of probate or letters of administration shall be liable to be recalled, revoked or otherwise impeached by reason that—\n(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) the gross value of the estate so far as it consisted of property other than land, sworn not to exceed [ £45,000] did in fact exceed that amount or so far as it consisted of land, sworn not to exceed five hundred pounds in annual value, did in fact exceed that amount in annual value.\n(3) Where it is shown to [ the judge] before or at the hearing of the suit that the affidavit under paragraph (1)(a) is inaccurate and that he has not jurisdiction to hear the suit, he shall stay all further proceedings in his court in the matter, leaving any party to apply to the High Court for the grant or revocation and making such order as to the costs of the proceedings in his court as he thinks fit.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Order 46 rule 7(2)(a) omitted (31.10.2016) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(16); S.R. 2016/387, art. 2"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Words substituted by S.R. 1995 No. 151 with effect from 01.09.95"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Words amended by S.R. 2013 No. 19 with effect from 25.02.13"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Figure substituted by S.R. 1993 No. 322 with effect from 01.09.93"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Words amended by S.R. 2013 No. 19 with effect from 25.02.13"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1981/225/part/46/rule/7",
    "retrieved_at": "2026-10-29T03:45:17.527867+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}