Search Legislation

The Wills and Administration Proceedings (Northern Ireland) Order 1994

 Help about what version

What Version

More Resources

Changes to legislation:

The Wills and Administration Proceedings (Northern Ireland) Order 1994 is up to date with all changes known to be in force on or before 21 September 2021. There are changes that may be brought into force at a future date. Help about Changes to Legislation


Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

  1. Introductory Text


    1. 1.Title and commencement

    2. 2.Interpretation


    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

      3. 13A.Effect of civil partnership

      4. 13B.Effect of dissolution or annulment of civil partnership

      5. 13C.Effect on subsisting will of conversion of civil partnership into marriage

      6. 13D.Effect on subsisting will of conversion of marriage into civil partnership

    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 or civil partners

      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


    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


    1. 36.Transitional provisions and savings

    2. Article 37—Amendments

    3. Article 38—Repeals


    1. SCHEDULE 1


      1. Transitional provisions

        1. 1.Except where otherwise expressly provided, the provisions of Part II...

        2. 2.The reference in the definition of “witness” in Article 2(2)...

        3. 3.In the application of Article 5 to a will made...

        4. 4.In the application of Article 6 to a will made...

        5. 5.Article 8(3) applies only to the will of a person...

        6. 6.In relation to an alteration made before the commencement, the...

        7. 7.Article 12(3) and (4) do not apply to a will...

        8. 8.Article 13 does not affect the will of a testator...

        9. 9.In relation to writing made before the commencement declaring an...

        10. 10.Article 18(2), and Articles 21 to 25, do not affect...

        11. 11.Article 26 does not apply to a will made before...

        12. 12.Article 27(3), in relation to wills coming into operation before...

      2. Savings

        1. 13.Nothing in Part II prejudices section 11 of the Wills...

        2. 14.(1) Nothing in Part II prejudices the Wills Act 1963...

        3. 15.(1) The repeal of section 9 of the Wills Act...

        4. 16.The repeal of the Wills Act Amendment Act 1852 does...

        5. 17.The repeal of the Wills (Amendment) Act (Northern Ireland) 1954...

        6. 18.The repeal of Article 5 of the Family Law Reform...

Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


Opening Options

Different options to open legislation in order to view more content on screen at once


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.