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Administration of Estates Act (Northern Ireland) 1955

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1Realty to devolve and descend as personalty.N.I.

(1)Real estate to which a deceased person was entitled for an estate or interest not ceasing on his death shall on his death, notwithstanding any testamentary disposition, devolve upon and become vested in his personal representatives from time to time as if it were personal estate vesting in them, and shall on intestacy be distributed in accordance with Part II as if it were the personal estate of an intestate who died domiciled in Northern Ireland.

(2)Personal representatives shall be the representatives of a deceased person in regard to his real estate as well as in regard to his personal estate, and probate and letters of administration may be granted either separately in respect of real estate and in respect of personal estate, or in respect of real estate together with personal estate and may be granted in respect of real estate although there is no personal estate, or in respect of personal estate although there is no real estate so, however, that where the estate of the deceased person is known to be insolvent, the grant shall not be severed except as regards a trust estate.

(3)Without prejudice to the succeeding provisions of this section all existing rules, modes and canons of descent and of devolution by special occupancy are hereby abolished except in so far as they may apply to the descent of an entailed estate or interest.

(4)Dower and tenancy by the curtesy are hereby abolished.

(5)Escheat to the Crown and escheat to a mesne lord for want of heirs are hereby abolished.

(6)This section shall apply to any real estate over which a person exercises by will a general power of appointment, as if it were real estate vested in him.

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