Statutory Instrument 1994 No. 1899 (N.I. 13)

      The Wills and Administration Proceedings (Northern Ireland) Order 1994


      © Crown Copyright 1994

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STATUTORY INSTRUMENTS

1994 No. 1899 (N.I. 13)

NORTHERN IRELAND

The Wills and Administration Proceedings (Northern Ireland) Order 1994

Made 19th July 1994
Coming into operation in accordance with Article 1(2)


ARRANGEMENT OF ARTICLES

PART I
INTRODUCTORY
1.  Title and commencement.
2.  Interpretation.
PART II
WILLS
Scope of, and power to make, will
3.  Power to dispose of estate by will.
4.  Minority.
Execution of will
5.  Formalities for execution.
6.  Testamentary execution of power.
7.  Incompetency of witness.
8.  Gift to witness.
9.  Witnessing by creditor.
10.  Witnessing by executor.
11.  Alteration of will after execution.
Effect of marriage, divorce, etc.
12.  Effect of marriage.
13.  Effect of dissolution or annulment of marriage.
Revocation, revival and confirmation
14.  Revocation.
15.  Revival of revoked will.
16.  Effect of re-execution or codicil.
Gifts
17.  Will speaks from death.
18.  Words of limitation unnecessary.
19.  Residuary dispositions to carry property comprised in lapsed and void gifts.
20.  Implied execution of general power of appointment.
21.  Contingent and future gifts carry the intermediate income.
22.  Gifts to children etc. who predecease testator.
23.  Presumption as to effect of gifts to spouses.
24.  Property subject to an option.
Interpretation of wills
25.  Extrinsic evidence.
26.  Construction of certain expressions.
27.  Construction and effect of references to failure of issue.
28.  Operative meaning to be preferred.
Rectification
29.  Rectification of wills.
Personal representatives
30.  Substitute executors: uncertainty about order of deaths.
PART III
ADMINISTRATION OF ESTATES AND TRUSTS
Limitation of actions
31.  Executors de son tort.
Powers of High Court in proceedings related to estates of deceased persons and trusts
32.  Power to make judgments binding on persons who are not parties.
33.  Power to authorise action to be taken in reliance on counsel's opinion.
34.  Powers on compromise of probate action.
35.  Power to appoint substitute for, or to remove, personal representative.
PART IV
GENERAL
36.  Transitional provisions and savings.
37.  Amendments.
38.  Repeals.

SCHEDULES:

  Schedule 1  — Transitional provisions and savings.

  Schedule 2  — Amendments.

  Schedule 3  — Repeals.

 

Explanatory Note


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Prepared 20th September 2000