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The Enduring Powers of Attorney (Northern Ireland) Order 1987

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This is the original version (as it was originally made).

2.—(1) Subject to the limitations contained in sub-paragraphs (2) to (4), persons of the following classes (referred to in this Order as “relatives”) are entitled to receive notice under paragraph 1—

(a)the donor’s husband or wife;

(b)the donor’s children;

(c)the donor’s parents;

(d)the donor’s brothers and sisters, whether of the whole or half blood;

(e)the widow or widower of a child of the donor;

(f)the donor’s grandchildren;

(g)the children of the donor’s brothers and sisters of the whole blood;

(h)the children of the donor’s brothers and sisters of the half blood;

(i)the donor’s uncles and aunts of the whole blood; and

(j)the children of the donor’s uncles and aunts of the whole blood.

(2) A person is not entitled to receive notice under paragraph 1 if—

(a)his name or address is not known to the attorney and cannot be reasonably ascertained by him; or

(b)the attorney has reason to believe that he has not attained eighteen years or is mentally incapable.

(3) Except where sub-paragraph (4) applies, no more than three persons are entitled to receive notice under paragraph 1 and, in determining the persons who are so entitled, persons falling within class (a) of sub-paragraph (1) are to be preferred to persons falling within class (b) of that sub-paragraph, persons falling within class (b) are to be preferred to persons falling within class (c) of that sub-paragraph; and so on.

(4) Notwithstanding the limit of three specified in sub-paragraph (3), where—

(a)there is more than one person falling within any of classes (a) to (j) of sub-paragraph (1), and

(b)at least one of those persons would be entitled to receive notice under paragraph 1, then, subject to sub-paragraph (2), all the persons falling within that class are entitled to receive notice under paragraph 1.

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