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ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1955 - SECT 7

Rights of surviving spouse.

7.(1) The surviving spouse of the intestate shall take the personal chattels.

(2) If an intestate dies leaving a spouse and issue the surviving spouse
shall, in addition to the personal chattels, take

(a)where the net value of the remaining estate does not exceed [#25,000], the
whole of the remaining estate;

(b)where the net value of the remaining estate exceeds [#25,000], the sum of
[#25,000], free of all duties, charges and costs, and shall have a charge upon
the remaining estate for that sum with interest thereon at the rate of four
pounds per centum per annum [or at such other rate as the head of the
Department of Finance may specify by an order made subject to affirmative
resolution] from the date of the death of the intestate until the date of
payment thereof, together with

(i)where only one child of the intestate also survives, one-half of any
residue left of the remaining estate after providing for that sum and the
interest thereon;

(ii)where more than one child of the intestate also survives, one-third of any
residue left of the remaining estate after providing for that sum and the
interest thereon.

(3) For the purposes of the last preceding sub-section, if a child of the
intestate predeceased him leaving issue who survive the intestate, the
surviving spouse of the intestate shall take the same share of the estate as
if the child had survived the intestate.

(4) If an intestate dies leaving a spouse and no issue, but leaving parents or
brothers or sisters or issue of deceased brothers or sisters, the spouse
shall, in addition to the personal chattels, take

(a)where the net value of the remaining estate does not exceed [#55,000], the
whole of the remaining estate;

(b)where the net value of the remaining estate exceeds [#55,000]

(i)the sum of [#55,000], free of all duties, charges and costs, and shall have
a charge upon the remaining estate for that sum with interest thereon at the
rate of four pounds per centum per annum [or at such other rate as the head of
the Department of Finance may specify by an order made subject to affirmative
resolution] from the date of the death of the intestate until the date of
payment thereof together with

(ii)one-half of any residue left of the remaining estate after providing for
that sum and the interest thereon.

[(4A) The Minister of Home Affairs may from time to time by order, subject to
affirmative resolution, substitute larger amounts for the amounts mentioned in
sub-sections (2) and (4) of this section but the amounts substituted in
sub-section (2)(b) by any such order shall be the same as the amount
substituted by that order in sub-section (2)(a) and the amounts substituted in
sub-section (4)(b) by any such order shall be the same as the amount
substituted by that order in sub-section (4)(a).

(4B) Any order under sub-section (4A) shall have effect, and shall supersede
any previous order, in relation to the estate of any person dying after the
coming into force of the order.]

(5) If an intestate dies leaving a spouse but neither issue nor parents nor
brothers nor sisters nor issue of deceased brothers or sisters, the spouse
shall take the whole of his estate.

(6) In this section references to the net value of the estate, or any part of
the estate, of an intestate are references to the estimated market value
thereof as at the date of the death of the intestate, after payment of all
duties and charges thereon and of debts, funeral expenses and expenses of
administration.

(7) Nothing in this section shall prejudice or affect the operation of section
fifteen of the Matrimonial Causes Act (Northern Ireland), 1939, [or Article
20(2) of the Matrimonial Causes (Northern Ireland) Order 1978], with respect
to the property of a wife who has been judicially separated from her husband.

© 1955 Crown Copyright

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