Administration of Estates (Northern Ireland) Order 1979

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Administration of Estates (Northern Ireland) Order 1979.

(2) Commencement

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “administration” includes all letters of administration of the estate of a deceased person whether granted with or without a will annexed and whether for general, special, or limited purposes; and references to an administrator shall be construed accordingly;

• “branch office business”, in relation to any branch office of the Probate and Matrimonial Office, means any business for the purposes of this Order which, by virtue of an order made under section 68(3) of the Judicature (Northern Ireland) Act 1978 [1978 c.23] or by virtue of paragraph 9 of Schedule 6 to that Act, may be transacted at that branch office;

• “contentious matter” means any matter not falling within the definition of non-contentious probate business;

• “the court” means the High Court or, where a county court has jurisdiction, a county court;

• “executor” includes an original executor and one who is executor by virtue of the chain of representation;

• “grant” (as a noun) means a grant of representation;

• “intestate” includes a person who leaves no will and one who leaves a will but dies intestate as to some beneficial interest in his property;

• “the Master” means the Master (Probate and Matrimonial);

• “non-contentious probate business” means the business of obtaining grants where there is no contention as to the right thereto, the obtaining of grants in contested cases where the contest has been terminated, the entry of caveats under Article 14 and all business of a non-contentious nature in matters of testacy or intestacy not being proceedings in an action;

• “personal representative” means an executor or administrator;

• “probate” means probate of a will;

• “the Registrar” means a Registrar (Probate and Matrimonial);

• “reseal” means reseal under the Colonial Probates Act 1892 [1892 c.6] as amended by section 4 of the Administration of Estates Act (Northern Ireland) 1971 [1971 c.31] ;

• “representation” means probate or administration;

• “statutory provision” has the meaning given by section 1( f) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] ;

• “will” includes codicil.