- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
10.—(1) After Article 365 of the Insolvency Order (insolvent estates of deceased persons) there shall be inserted—
365A.—(1) This Article applies where—
(a)an insolvency administration order has been made in respect of the insolvent estate of a deceased person,
(b)the petition for the order was presented after the commencement of this Article and within the period of 5 years beginning with the day on which he died, and
(c)immediately before his death he was beneficially entitled to an interest in any property as joint tenant.
(2) For the purpose of securing that debts and other liabilities to which the estate is subject are met, the High Court may, on an application by the trustee appointed pursuant to the insolvency administration order, make an order under this Article requiring the survivor to pay to the trustee an amount not exceeding the value lost to the estate.
(3) In determining whether to make an order under this Article, and the terms of such an order, the High Court must have regard to all the circumstances of the case, including the interests of the deceased’s creditors and of the survivor; but, unless the circumstances are exceptional, the Court must assume that the interests of the deceased’s creditors outweigh all other considerations.
(4) The order may be made on such terms and conditions as the High Court thinks fit.
(5) Any sums required to be paid to the trustee in accordance with an order under this Article shall be comprised in the estate.
(6) The modifications of this Order which may be made by an order under Article 365 include any modifications which are necessary or expedient in consequence of this Article.
(7) In this Article “survivor” means the person who, immediately before the death, was beneficially entitled as joint tenant with the deceased or, if the person who was so entitled dies after the making of the insolvency administration order, his personal representatives.
(8) If there is more than one survivor—
(a)an order under this Article may be made against all or any of them, but
(b)no survivor shall be required to pay more than so much of the value lost to the estate as is properly attributable to him.
(9) In this Article—
“insolvency administration order” has the same meaning as in any order under Article 365 having effect for the time being,
“value lost to the estate” means the amount which, if paid to the trustee, would in the High Court’s opinion restore the position to what it would have been if the deceased had been adjudged bankrupt immediately before his death.”.
(2) In paragraph (1) of Article 365 of the Insolvency Order, after “apply” there shall be inserted “in relation”.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys