Administration of Estates (Northern Ireland) Order 1979

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II GRANTS OF PROBATE OR ADMINISTRATION

   1. Introductory

      1. 3. Application of Part II

   2. Jurisdiction of High Court

      1. 4. Power of High Court to grant probate and letters of administration

      2. 5. Discretionary power to appoint administrator in certain cases

      3. 6. Administration pendente lite

      4. 7. Administration during minority of executor

      5. 8. Grant of special administration where personal representative is abroad

      6. 9. Grant of representation to trust corporation

      7. 10. Administration of intestates' estates devolving on the Crown

      8. 11. Revocation of grants

   3. Jurisdiction of county court

      1. 12. Jurisdiction of county court in contentious matters

4. PART III POWERS AND PROCEDURE OF COURTS

   1. Powers of High Court preliminary or incidental to grants of probate or administration

      1. 13. Citation to prove will or renounce probate

      2. 14. Caveat against grant

      3. 15. Production of instruments purporting to be testamentary

      4. 16. Examination of witnesses and production of documents

      5. 17. Power to require administrators to produce sureties

   2. Procedure in relation to representation

      1. 18. Applications for grants and revocations

      2. 19. Procedure in branch office

      3. 20. Capital transfer tax accounts

   3. Other powers of courts

      1. 21. Continuance of legal proceedings after revocation of temporary administration

      2. 22. Power of High Court to order sale of land where there is a Crown interest

   4. Documents and records

      1. 23. Keeping and inspection of wills and other documents

      2. 24. Records of grants

      3. 25. Official copies of wills and certificates of grants

      4. 26. Copies of wills, etc., to be delivered to Inland Revenue Commissioners

      5. 27. Depositories of wills of living persons

   5. General provisions as to practice and procedure

      1. 28. Practice and procedure

5. PART IV EXECUTORS AND ADMINISTRATORS

   1. Executors

      1. 29. Cesser of right of executor to prove

      2. 30. Withdrawal of renunciation

      3. 31. Right of proving executors to exercise powers

      4. 32. Executor of executor represents original testator

   2. Administrators

      1. 33. Effect of grant of administration

      2. 34. Executor not to act while administration is in force

   3. Provisions applying to both executors and administrators, and to persons dealing with them

      1. 35. Duty of personal representative

      2. 36. Debtor who becomes creditor's personal representative to account for debt to estate

      3. 37. Payment of debts by personal representative

      4. 38. Protection of persons acting on invalid or revoked probate or administration

   4. Misapplication of assets

      1. 39. Liability of person wrongfully obtaining or retaining estate of deceased

      2. 40. Liability of estate of personal representative

6. PART V MISCELLANEOUS

   1. Art. 41 amends s.7 of 1955 c. 24 (NI)

   2. 42. Proceedings against estate of deceased person

   3. 43. Transitional and saving provisions, amendments and repeals

7. SCHEDULES

   1. SCHEDULE 1

      TRANSITIONAL AND SAVING PROVISIONS

      1. 1. Section 29 of the Interpretation Act (Northern Ireland) 1954 (effect of substituting provisions) shall have...

      2. 2. All general directions given by the Probate Judge under section 20(2) of the Administration of...

      3. 3. The repeal by this Order of section 3 of the Northern Ireland (Miscellaneous Provisions) Act...

      4. 4. In relation to the estate of a person dying before 1st January 1938, Articles 12(1),...

      5. 5. Article 19(2) shall apply to a grant made in a district probate registry before the...

      6. 6. Article 22 applies in respect of land comprised or included in the estate of a...

      7. 7. In Article 23(1) the first reference to the Probate and Matrimonial Office includes the Probate...

      8. 8. In relation to the estate of a person dying before 1st January 1938, the references...

      9. 9. Any administration bond given before 1st January 1972 under section 86 of the Probates and...

      10. 10. Nothing in this Order affects— (a) any unrepealed enactment authorising grants to be dispensed with...

   2. Schedule 2—Amendments

   3. Schedule 3—Repeals