Administration of Insolvent Estates of Deceased Persons Order 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/1986 |
| Year | 1986 |
1986 No. 1999
INSOLVENCY
INDIVIDUALS, ENGLAND AND WALES
The Administration of Insolvent Estates of Deceased Persons Order 198621stNovember 1986
8thDecember 1986
29thDecember 1986
The Lord Chancellor, in exercise of the powers conferred on him by section 421 of the Insolvency Act 1986(a) and of all other powers enabling him in that behalf, with the concurrence of the Secretary of State, hereby makes the following Order:—
1. This Order may be cited as the Administration of Insolvent Estates of Deceased Persons Order 1986 and shall come into force on 29th December 1986.
2. In this Order —
"the Act" means the Insolvency Act 1986;
"insolvency administration order" means an order for the administration in bankruptcy of the insolvent estate of a deceased debtor (being an individual at the date of his death);
"insolvency administration petition" means a petition for an insolvency administration order; and
"the Rules" means the Insolvency Rules 1986(b).
3.—(1) The provisions of the Act specified in Parts II and III of Schedule 1 to this Order shall apply to the administration in bankruptcy of the insolvent estates of deceased persons dying before presentation of a bankruptcy petition with the modifications specified in those Parts and with any further such modifications as may be necessary to render them applicable to the estate of a deceased person and in particular with the modifications specified in Part I of that Schedule, and the provisions of the Rules, the Insolvency Regulations 1986(c) and any order made under section 415 of the Act (fees and deposits) shall apply accordingly.
(a) 1986 c.45.
(b) S.I. 1986/1925.
(c) S.I. 1986/1994.
(2) In the case of any conflict between any provision of the Rules and any provision of this Order, the latter provision shall prevail.
4.—(1) Where the estate of a deceased person is insolvent and is being administered otherwise than in bankruptcy, subject to paragraphs (2) and (3) below, the same provisions as may be in force for the time being under the law of bankruptcy with respect to the assets of individuals adjudged bankrupt shall apply to the administration of the estate with respect to the respective rights of secured and unsecured creditors, to debts and liabilities provable, to the valuation of future and contingent liabilities and to the priorities of debts and other payments.
(2) The reasonable funeral, testamentary and administration expenses have priority over the preferential debts listed in Schedule 6 to the Act.
(3) Section 292(2) of the Act shall not apply.
5.—(1) If a debtor by or against whom a bankruptcy petition has been presented dies, the proceedings in the matter shall, unless the court otherwise orders, be continued as if he were alive, with the modifications specified in Schedule 2 to this Order.
(2) The reasonable funeral and testamentary expenses have priority over the preferential debts listed in Schedule 6 to the Act.
(3) If a debtor dies after presentation of a bankruptcy petition but before service, the court may order service to be effected on his personal representative or such other person as it thinks fit.
6. The definitions in Article 2 of this Order other than the first definition shall be added to those in section 385 of the Act.
Hailsham of St Marylebone, C.
Dated 20th November 1986.
I concur,
Michael Howard, Parliamentary Under-Secretary of State, Department of Trade and Industry.
Dated 21st November 1986.
Article 3
SCHEDULE 1
PROVISIONS OF THE ACT APPLYING WITH RELEVANT MODIFICATIONS TO THE ADMINISTRATION IN BANKRUPTCY OF INSOLVENT ESTATES OF DECEASED PERSONS DYING BEFORE PRESENTATION OF A BANKRUPTCY PETITION
PART I
GENERAL MODIFICATIONS OF PROVISIONS OF THE ACT
Except in so far as the context otherwise requires, for any such reference as is specified in column 1 of the Table set out below there shall be substituted the reference specified in column 2.
Table
Reference in provision of the Act Substituted references
specified in Part II of this Schedule
(1) (2)
the bankrupt; the deceased debtor or his personal
the debtor. representative (or if there is no
personal representative such person
as the court may order) as the case
may require
the bankrupt's estate. the deceased debtor's estate
the commencement of the the date of the insolvency
bankruptcy. administration order
a bankruptcy order. an insolvency administration order
an individual being adjudged an insolvency administration order
bankrupt being made
a debtor's petition. a petition by the personal
representative of a deceased debtor
for an insolvency administration
order.
PART II
PROVISIONS OF THE ACT NOT INCLUDED IN PART III OF THIS SCHEDULE
The following provisions of the Act shall apply:—
1. Section 264 with the following modifications:—
(a) the words "against an individual" shall be omitted;
(b) at the end of paragraph 1(a) there shall be added the words "in Form 1 set out in Schedule 3 to the Administration of Insolvent Estates of Deceased Persons Order 1986";
(c) paragraph 1(b) shall be omitted;
(d) in paragraph 1(c) after the words "Part VIII" there shall be added the words "in Form 2 set out in the said Schedule 3";
(e) at the end of paragraph 1(d) there shall be added the words "in Form 3 set out in the said Schedule 3 in any case where a creditor could present such a...
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