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Statutory Rules of Northern Ireland
ADMINISTRATION OF ESTATES
Made
29th October 2007
Affirmed by resolution of the Assembly on
10th December 2007
Coming into operation
1st January 2008
1. This Order may be cited as the Administration of Estates (Rights of Surviving Spouse or Civil Partner) Order (Northern Ireland) 2007 and shall come into operation on 1st January 2008.
2. In relation to the estate of a person dying after the coming into operation of this Order, section 7 (rights of surviving spouse or civil partner)(3) of the Administration of Estates Act (Northern Ireland) 1955 shall be amended as follows:
(a)in subsection (2) for “£125,000”(4) wherever it occurs there shall be substituted “£250,000”; and
(b)in subsection (4) for “£200,000”(4) wherever it occurs there shall be substituted “£450,000”.
Sealed with the Official Seal of the Department of Finance and Personnel on 29th October 2007.
L.S.
Anthony Canavan
A senior officer of the
Department of Finance and Personnel
(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 or civil partner’s rights in relation to an intestate’s estate are determined.
Where an intestate dies leaving a spouse or civil partner and issue, the surviving spouse or civil partner will take the personal chattels, the first £250,000 (with interest) and a share of the residue. The previous amount taken by the surviving spouse or civil partner was £125,000.
Where an intestate dies leaving a spouse or civil partner and no issue but also leaving other near relatives, the surviving spouse or civil partner will take the personal chattels, the first £450,000 (with interest) and a share of the residue. The previous amount taken by the surviving spouse or civil partner was £200,000.
The increases take effect in relation to the estates of persons dying on or after 1st January 2008.
1955 c. 24 (N.I.). Section 7(4A) was inserted by 1969 c. 38 (N.I.) section 1(c).
Functions transferred from the Minister of Home Affairs to the Department of Finance by S.R. & O. (N.I.) 1973 No. 504 Art. 5(d). The Department of Finance became the Department of Finance and Personnel by S.I. 1982/338 (N.I. 6) Art. 3.
Section 7 was amended by 2004 c. 33 Sched. 14 para 9 to include references to a civil partner of the deceased intestate.
See S.R. 1993 No. 426.