[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1955

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1955 - SECT 38

Power to appoint trustees of infant's property.

38.(1) Where an infant is absolutely entitled under the will or on the
intestacy of any person dying before or after the commencement of this Act to
the estate of the deceased person or to the residue thereof or to any share
therein or to any devise or legacy and such estate, residue, share, devise or
legacy is not under the will, if any, of the deceased person devised or
bequeathed to trustees for the infant, the personal representatives of the
deceased person may appoint any two or more persons (whether or not including
the personal representatives or any of them) to be trustees of such estate,
residue, share, devise or legacy for the infant and may execute such assurance
or take such other action as may be necessary for vesting such estate,
residue, share, devise or legacy, as the case may be, in the trustees so
appointed. One of the persons so appointed may be a trust corporation.

(2) On such appointment the personal representatives, as such, shall be
discharged from all further liability in respect of the property vested in the
trustees so appointed, which may be retained in its existing condition or
state of investment or may be converted into money and invested in any
security in which a trustee in England would by virtue of section one of the
Trustee Act, 1925, as amended by section four of the Northern Ireland
(Miscellaneous Provisions) Act, 1945, be entitled to invest in the absence of
any direction to the contrary in the trust instrument, with power, at the
discretion of the trustees, to change such investments for others of a like
nature.

(3) Where an infant becomes entitled to any estate or interest in land under
an intestacy and by reason of the intestacy there is no instrument under which
the estate or interest of the infant arises or is acquired, a settlement shall
be deemed for the purposes of the Settled Land Acts, 1882 to 1890, to have
been made by the intestate or by the person whose interest the infant has
acquired and, if there are more than one personal representative, the
personal representatives, or, where trustees of that land have been appointed
by the personal representatives under this section, those trustees, shall for
the purposes aforesaid be deemed to be the trustees of that settlement.

(4) Personal representatives or any trustees appointed by them under this
section shall be deemed to be trustees for the purposes of sections forty-two
and forty-three of the Conveyancing and Law of Property Act, 1881.

(5) Without prejudice to their powers under the said sections forty-two and
forty-three, personal representatives or trustees appointed by them under this
section may at any time or times, with the sanction of the court, pay or apply
the capital of any estate, residue or share therein or any legacy or devise to
which an infant is entitled under the will or on the intestacy of a deceased
person for the advancement or benefit of the infant in such manner as the
court may approve and the court may on any application made to it under this
section order such capital or any part thereof to be lodged in court until the
infant attains [eighteen] or marries under that age.

© 1955 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/aoeai1955434/s38.html