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ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1971 - SECT 4

Sealing of Commonwealth and Colonial grants.

4.(1) The following provisions of section 2 of the Colonial Probates Act 1892,
that is to say

(a)subsection (2)(b) (which makes it a condition precedent to sealing in the
United Kingdom letters of administration granted in certain overseas countries
and territories that a sufficient security has been given to cover property in
the United Kingdom); and

(b)subsection (3) (power of the court in the United Kingdom to require that
adequate security is given for the payment of debts due to creditors residing
in the United Kingdom);

(2) A person to whom letters of administration have been granted in a country
or territory to which the said Act of 1892 applies shall on their being sealed
by the High Court under the said section 2 have the like duties with respect
to the estate of the deceased which is situated in Northern Ireland and the
debts of the deceased which fall to be paid there as are imposed by [Article
35(1)(a) and (b) of the Administration of Estates (Northern Ireland) Order
1979] on a person to whom a grant of administration has been made by that
court.

(3) As a condition of sealing letters of administration granted in any such
country or territory, the High Court may, in cases to which [Article 17 of the
Administration of Estates (Northern Ireland) Order 1979] (power to require
administrators to produce sureties) applies and subject to the following
provisions of this section and subject to and in accordance with rules of
court, require one or more sureties, in such amount as the court thinks fit,
to guarantee that they will make good, within any limit imposed by the court
on the total liability of the surety or sureties, any loss which any person
interested in the administration of the estate of the deceased in Northern
Ireland may suffer in consequence of a breach by the administrator of his
duties in administering it there.

(4) A guarantee given in pursuance of any such requirement shall enure for the
benefit of every person interested in the administration of the estate in
Northern Ireland as if contained in a contract under seal made by the surety
or sureties with every such person and, where there are two or more sureties,
as if they had bound themselves jointly or severally.

(5) No action shall be brought on any such guarantee without the leave of the
High Court.

(6) Stamp duty shall not be chargeable on any such guarantee.

(7) Subsections (2) to (6) above apply to the sealing by the High Court of
letters of administration granted by a British court in a foreign country as
they apply to the sealing of letters of administration granted in a country or
territory to which the Colonial Probates Act 1892 applies.

(8) In this section "letters of administration" and "British court in a
foreign country" have the same meaning as in the Colonial Probates Act 1892.

Ss.5, 6 rep. by 1979 NI 14 art.43(3) sch.3

© 1971 Crown Copyright

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