Bankruptcy Act 1988

PART VI

Estates of Persons Dying Insolvent

Petition to administer in bankruptcy estate of person dying insolvent.

(New)

115

115. (1) A petition for the administration under this Part of the estate of a deceased person may be presented to the Court by—

( a) any creditor whose debt would have been sufficient to support a bankruptcy petition against the deceased if he had been alive, or

( b) the personal representative of the deceased.

(2) Where the petition is presented by a creditor, notice thereof shall be served on the personal representative of the deceased.

(3) Where there is no known personal representative, the Court may direct service on such person and in such manner as it thinks fit or may dispense with service.

(4) A petition for administration under this Part shall not be presented to the Court after proceedings have been commenced in the Circuit Court for the administration of the deceased's estate, but that court may, when satisfied that the estate is insufficient to pay the debts, transfer the proceedings to the Court, and thereupon the Court may make an order for the administration under this Part of the deceased's estate.