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The Wills and Administration Proceedings (Northern Ireland) Order 1994

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II WILLS

    1. Scope of, and power to make, will

      1. 3.Power to dispose of estate by will

      2. 4.Minority

    2. Execution of will

      1. 5.Formalities for execution

      2. 6.Testamentary execution of power

      3. 7.Incompetency of witness

      4. 8.Gift to witness

      5. 9.Witnessing by creditor

      6. 10.Witnessing by executor

      7. 11.Alteration of will after execution

    3. Effect of marriage, divorce, etc.

      1. 12.Effect of marriage

      2. 13.Effect of dissolution or annulment of marriage

    4. Revocation, revival and confirmation

      1. 14.Revocation

      2. 15.Revival of revoked will

      3. 16.Effect of re-execution or codicil

    5. Gifts

      1. 17.Will speaks from death

      2. 18.Words of limitation unnecessary

      3. 19.Residuary dispositions to carry property comprised in lapsed and void gifts

      4. 20.Implied execution of general power of appointment

      5. 21.Contingent and future gifts carry the intermediate income

      6. 22.Gifts to children etc. who predecease testator

      7. 23.Presumption as to effect of gifts to spouses

      8. 24.Property subject to an option

    6. Interpretation of wills

      1. 25.Extrinsic evidence

      2. 26.Construction of certain expressions

      3. 27.Construction and effect of references to failure of issue

      4. 28.Operative meaning to be preferred

    7. Rectification

      1. 29.Rectification of wills

    8. Personal representatives

      1. 30.Substitute executors: uncertainty about order of deaths

  4. PART III ADMINISTRATION OF ESTATES AND TRUSTS

    1. Limitation of actions

      1. 31.Executors de son tort

    2. Powers of High Court in proceedings relating to estates of deceased persons and trusts

      1. 32.Power to make judgments binding on persons who are not parties

      2. 33.Power to authorise action to be taken in reliance on counsel’s opinion

      3. 34.Powers on compromise of probate action

      4. 35.Power to appoint substitute for, or to remove, personal representative

  5. PART IV GENERAL

    1. 36.Transitional provisions and savings

    2. 37.Amendments

    3. 38.Repeals

  6. Signature

  7. SCHEDULES:

    1. Schedule 1

      — Transitional provisions and savings.

    2. Schedule 2

      — Amendments.

    3. Schedule 3

      — Repeals.

  8. Explanatory Note

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