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Section 8 †Residue not exceeding 100l.,and no representation, power to pay it to widow, &c.C2C3C1

Where the residue does not exceed F1£5,000, and representation is not taken out, then, subject to the other provisions of this Act, the Admiralty shall, as soon as may be, dispose of the residue as follows:—

(1)

They shall, if they think fit, pay the residue to any person showing herself or himself to their satisfaction to be entitled to take out representation to the deceased (otherwise than as a creditor)—to the end that the residue may be applied by the person to whom it is so paid in a due course of administration; and the same shall be so applied accordingly (for which application the Admiralty may require such security as they think fit):

(2)

Or else the Admiralty shall, if they think fit, pay to the persons (if any) beneficially interested in the residue their respective shares thereof:

(3)

And in cases where the foregoing provisions of the present section do not apply, and the amount of the residue appears to the Admiralty insufficient to cover the expense of representation, the Admiralty shall dispose of the residue in manner prescribed by Order in Council.

Annotations

Textual amendments

F1

Figure substituted by virtue of Administration of Estates (Small Payments) Act 1965 (c. 32, SIF 116:1), s. 1(1), Sch. 1 Pt. I and S.I. 1984/539, art. 2(a)

Modifications

C1

Ss. 5-11 applied (6.4.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 2(2), 8; S.I. 2005/356, art. 2(2), Sch. 2

C2

A dagger appended to a marginal note means that it is no longer accurate

C3

Power to amend s. 8 given by Administration of Estates (Small Payments) Act 1965 (c. 32), s. 6.