ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1955 - SECT 17 Advancements to be brought into account.

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ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1955 - SECT 17

Advancements to be brought into account.

17.(1) If any child of an intestate has been advanced by the intestate by way
of portion, the advancement shall be reckoned, for the purposes of this
section only, as part of the estate of the intestate distributable according
to law; and, if the advancement is equal to or greater than the share of the
estate which the child would be entitled to receive under this Part, the child
or his issue shall be excluded from any share in the estate; but if the
advancement is not equal to such share, the child or his issue shall be
entitled to receive so much only of the estate of the intestate as is
sufficient to make all the shares of the children in the estate and
advancement equal as nearly as can be estimated.

(2) The value of the advancement shall be deemed to be that, if any, which has
been expressed in writing by the intestate; otherwise the value shall be
reckoned as at the date of the advancement.

(3) The onus of proving that a child has been given money, by way of
advancement, shall be upon the person so asserting, unless the advancement has
been expressed in writing by the intestate.

(4) In this section references to advancements by the intestate by way of
portion shall include references to advancements by settlement from the
intestate.

(5) For the purposes of this section, the personal representatives may employ
a duly qualified valuer.

(6) This section shall apply to advancements made by a grandparent dying
intestate to a grandchild to whom he stood in loco parentis as it applies to
advancements made by an intestate to a child of the intestate and accordingly,
in relation to any such first-mentioned advancements

(a)references in this section to a child shall, except as provided by
paragraph (b), be construed as references to the grandchild;

(b)the reference in sub-section (1) to the shares of the children in the
estate and advancement shall be construed as a reference to the shares which
the respective stocks of the issue of the intestate would take per stirpes
therein.

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Northern Irish Legislation

ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1955 - SECT 17