[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/aoeai1971434.txt

[New search] [Help]

ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1971

ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1971 - LONG TITLE

An Act to amend the law with respect to the grant of
administration by the High Court and resealing by that Court of
administration granted outside the United Kingdom and to exempt from
stamp duty guarantees given under the law so amended; to make
provision with respect to the duties and rights of personal
representatives; to amend the law relating to the protection of
persons acting on probate or administration; and for related
purposes.
[7th December 1971]
Ss.13 rep. by 1979 NI 14 art.43(3) sch.3

ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1971 - SECT 4
Sealing of Commonwealth and Colonial grants.

4.(1) The following provisions of section 2 of the Colonial Probates
Act 1892, that is to say

(a)subsection (2)(b) (which makes it a condition precedent to sealing
in the United Kingdom letters of administration granted in certain
overseas countries and territories that a sufficient security has
been given to cover property in the United Kingdom); and

(b)subsection (3) (power of the court in the United Kingdom to
require that adequate security is given for the payment of debts
due to creditors residing in the United Kingdom);

(2) A person to whom letters of administration have been granted in
a country or territory to which the said Act of 1892 applies shall
on their being sealed by the High Court under the said section 2
have the like duties with respect to the estate of the deceased
which is situated in Northern Ireland and the debts of the deceased
which fall to be paid there as are imposed by [Article 35(1)(a)
and (b) of the Administration of Estates (Northern Ireland) Order
1979] on a person to whom a grant of administration has been made
by that court.

(3) As a condition of sealing letters of administration granted in
any such country or territory, the High Court may, in cases to
which [Article 17 of the Administration of Estates (Northern Ireland)
Order 1979] (power to require administrators to produce sureties)
applies and subject to the following provisions of this section and
subject to and in accordance with rules of court, require one or
more sureties, in such amount as the court thinks fit, to guarantee
that they will make good, within any limit imposed by the court on
the total liability of the surety or sureties, any loss which any
person interested in the administration of the estate of the
deceased in Northern Ireland may suffer in consequence of a breach
by the administrator of his duties in administering it there.

(4) A guarantee given in pursuance of any such requirement shall
enure for the benefit of every person interested in the
administration of the estate in Northern Ireland as if contained in
a contract under seal made by the surety or sureties with every
such person and, where there are two or more sureties, as if they
had bound themselves jointly or severally.

(5) No action shall be brought on any such guarantee without the
leave of the High Court.

(6) Stamp duty shall not be chargeable on any such guarantee.

(7) Subsections (2) to (6) above apply to the sealing by the High
Court of letters of administration granted by a British court in a
foreign country as they apply to the sealing of letters of
administration granted in a country or territory to which the
Colonial Probates Act 1892 applies.

(8) In this section "letters of administration" and "British court
in a foreign country" have the same meaning as in the Colonial
Probates Act 1892.

Ss.5,6 rep. by 1979 NI 14 art.43(3) sch.3

ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1971 - SECT 7
Interpretation.

7. In this Act

"administration" means letters of administration, whether general or
limited, or with the will annexed or otherwise;

Definition rep. by 1979 NI 14 art.43(3) sch.3

ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1971 - SECT 8
Repeals and savings.

8.Subs.(1) rep. by 1979 NI 14 art.43(3) sch.3

(2) Para.(a) rep. by 1979 NI 14 art.43(3) sch.3

(b)section 4 (other than subsection (2)); ...

Para.(c) rep. by 1979 NI 14 art.43(3) sch.3

Subs.(3) rep. by 1979 NI 14 art.43(3) sch.3

(4) ... the repeals specified in Part III of the Schedule shall
not apply in relation to the estates of persons dying before the
commencement of this Act.

(5) Any administration bond given before the commencement of this
Act ... under the Colonial Probates Act 1892 may be enforced and
assigned as if this Act had not been passed.

(6) Nothing in this Act shall affect the operation of sections 28
and 29 of the Interpretation Act (Northern Ireland) 1954 (which
relate to the effect of repeals and of substituting provisions).

ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1971 - SECT 9
Short title and commencement.

9.(1) This Act may be cited as the Administration of Estates Act
(Northern Ireland) 1971.

(2) Commencement

ScheduleRepeals