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ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1955 - SECT 31

Charges on property of deceased to be paid primarily out of the property charged.

31.(1) Where a person dies possessed of, or entitled to, or, under a general
power of appointment by his will disposes of, an interest in property, which
at the time of his death is charged with the payment of money, whether by way
of legal or equitable mortgage or charge or otherwise (including a lien for
unpaid purchase money), and the deceased person has not by will, deed or other
document signified a contrary or other intention, the interest so charged
shall, as between the different persons claiming through the deceased person,
be primarily liable for the payment of the charge; and every part of the said
interest, according to its value, shall bear a proportionate part of the
charge on the whole thereof.

(2) Such contrary or other intention shall not be deemed to be signified

(a)by a general direction for the payment of debts or of all the debts of the
testator out of his personal estate, or his residuary real and personal
estate, or his residuary real estate; or

(b)by a charge of debts upon any such estate;

(3) Nothing in this section affects the right of a person entitled to the
charge to obtain payment or satisfaction thereof either out of the other
assets of the deceased or otherwise.

© 1955 Crown Copyright

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