[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1955

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1955 - SECT 40

Powers to deal with estate, etc.

40.(1) The personal representatives of a deceased owner of land may, in
addition to any other powers conferred on them by this Act,

(a)make such leases of the land as may be reasonably necessary for the due
administration of the estate of the deceased owner; or

(b)with the consent of the beneficiaries, or with the approval of the court,
make leases of the land for such term and on such conditions as the
personal representatives may think proper; or

(c)make, on such terms and conditions as the personal representatives may
think proper, a sub fee farm grant of the land, or a sub-lease thereof with a
nominal reversion, where such sub fee farm grant or sub-lease amounts in
substance to a sale and the personal representatives have satisfied themselves
that it is the most appropriate method of disposing of the land in the course
of the administration of the estate;

(2) Notwithstanding anything to the contrary contained in the [Rent (Northern
Ireland) Order 1978], or in the Business Tenancies (Temporary Provisions) Acts
(Northern Ireland), 1952 and 1954, the right of the personal representatives
to obtain possession of any premises demised by them pursuant to the power
conferred by paragraph (a) of sub-section (1) shall be exercisable as if those
Acts had not been passed.

(3) Where a sub fee farm grant or sub-lease is executed by
personal representatives pursuant to the power conferred on them by paragraph
(c) of sub-section (1) it shall, until the contrary is proved, be assumed that
the power was properly exercised and the grantee or lessee (as the case may
be) shall not be concerned to satisfy himself that this was so or to see to
the application of any rent or other moneys payable by him. In this
sub-section a reference to the grantee or the lessee shall include a reference
to a person purchasing from, and to a successor in title of, the grantee or
lessee.

(4) The personal representatives of a deceased person may from time to time
raise money by way of mortgage for the payment of debts, death duties or other
taxes and, with the approval of all the beneficiaries being sui juris or the
court (but not otherwise), for the erection, repair, improvement or completion
of buildings, or the improvement of lands forming part of the estate of that
deceased person.

(5) Where land is settled by will and there are no trustees of the settlement,
the personal representatives proving the will shall for all purposes be deemed
to be trustees of the settlement until trustees of the settlement are
appointed but a sole personal representative shall not be deemed to be a
trustee for the purposes of the Settled Land Acts, 1882 to 1890, until at
least one other trustee is appointed.

(6) This section shall not prejudice or affect any power or duty of
personal representatives to execute any document or do any other act or thing
for the purpose of completing any transaction entered into by a deceased
person before his death.

Subs.(7)(8) rep. by 1969 c.30 (NI) s.132 sch.6

(9) A personal representative of a deceased person may

(a)accept any property before the time at which it is transferable or payable;

(b)pay or allow any debt or claim on any evidence he may reasonably deem
sufficient;

(c)accept any composition or security for any debt or property claimed;

(d)allow time for payment of any debt; or

(e)compromise, compound, abandon, submit to arbitration, or otherwise settle,
any debt, account, dispute, claim or other matter relating to the estate of
that deceased;

(f)settle and fix reasonable terms of remuneration for any trust corporation
appointed by him under section thirty-eight to act as trustee over any
property and authorise such trust corporation to charge and retain such
remuneration out of that property

(10) This section shall not prejudice or affect any powers conferred by will
on personal representatives, and the powers conferred by this section on the
personal representatives of a deceased person who has died testate shall be
exercised subject to any provisions contained in his will with respect to the
disposal of his estate.

© 1955 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/aoeai1955434/s40.html