2004 No. 68
ADMINISTRATION OF ESTATES

Administration of Estates (Small Payments) (Increase of Limit) Order (Northern Ireland) 2004

Mades
To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000
Coming into operation
The Department of Finance and Personnel1, in exercise of the powers conferred on it by section 6(1) of the Administration of Estates (Small Payments) Act (Northern Ireland) 19672, as extended and amended by Article 6(2) of the Superannuation (Northern Ireland) Order 19723, Article 22(3) of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 19854, Articles 17(3) and 19 of the Credit Unions (Northern Ireland) Order 19855 and Article 104(5) of the Industrial Relations (Northern Ireland) Order 19926 and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and commencement1.

This Order may be cited as the Administration of Estates (Small Payments) (Increase of Limit) Order (Northern Ireland) 2004 and shall come into operation on 16th April 2004.

Increase of Limit2.

The following provisions (which relate to property which may be disposed of on death without representation or in pursuance of a nomination, subject to a limit of £5,000), namely –

(a)

sections 1 and 2 of the Administration of Estates (Small Payments) Act (Northern Ireland) 1967, so far as they relate to, respectively, –

(i)

the London Midland and Scottish Railway Act 19247 section 61(11), and the Industrial and Provident Societies Act (Northern Ireland) 19698 section 249; and

(ii)

the Industrial and Provident Societies Act (Northern Ireland) 1969 section 22(3)(d)10;

(b)

Article 6 of the Superannuation (Northern Ireland) Order 1972;

(c)

Article 22(3) of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985;

(d)

Articles 17(3) and 19 of the Credit Unions (Northern Ireland) Order 1985;

(e)

Article 104(5) of the Industrial Relations (Northern Ireland) Order 1992,

shall have effect as if for the references to £5,000 there were substituted references to £10,000.

Revocation3.

The Administration of Estates (Small Payments) (Increase of Limit) Order (Northern Ireland) 198511 is hereby revoked.

Sealed with the Official Seal of the Department of Finance and Personnel on 27th February 2004.

E. E. Harkness
Assistant Secretary
(This note is not part of the Order.)

The Administration of Estates (Small Payments) Act (Northern Ireland) 1967 specifies a limit on the amount of property which is allowed, under certain statutory provisions, to be disposed of on death without the necessity for probate or other proof of title, or in pursuance of a nomination made by the deceased. That limit was increased to £5,000 by the Administration of Estates (Small Payments) (Increase of Limit) Order (Northern Ireland) 1985. The present Order, which revokes that Order, further increases the limit to £10,000. In doing so the Order also takes account of the repeal of certain statutory provisions in respect of which the limit was formerly specified.

By virtue of section 6(2) of the Administration of Estates (Small Payments) Act (Northern Ireland) 1967, this Order applies in relation to deaths occurring, or nominations affected, after the expiration of a period of one month beginning with the date on which the Order comes into operation.