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Administration of Estates (Rights of Surviving Spouse) Order (Northern Ireland) 1993
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- 1993 No. 426
- Explanatory Note
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Explanatory Note
(This note is not part of the Order.)
This Order further amends section 7 of the Administration of Estates Act (Northern Ireland) 1955 by increasing the amounts by reference to which a surviving spouse’s rights in relation to an intestate’s estate are determined.
The increases take effect in relation to the estates of persons dying on or after 1st January 1994.
Where the intestate dies leaving a spouse and issue, the spouse takes personal chattels and the whole of the remaining estate where its net value does not exceed £75,000; or, where its net value exceeds that amount, the spouse takes personal chattels, £75,000 (with interest) and a share of the residue. The Order increases that amount to £125,000 (Article 2(a)).
Where the intestate dies leaving a spouse and no issue but also leaving other near relatives, the surviving spouse takes personal chattels and the whole of the remaining estate where its net value does not exceed £125,000; or, where its net value exceeds that amount, the spouse takes personal chattels, £125,000 (with interest) and a share of the residue.
The Order increases that amount to £200,000 (Article 2(b)).
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