Provident Nominations and Small Intestacies Act, 1883



An Act to extend the power of Nomination in Friendly and Industrial, &c., Societies, and to make further provision for cases of Intestacy in respect of Personal Property of small amount.[1] [25th August 1883.]


Extent and short title.

1. This Act extends to Great Britain and Ireland, and except section ten of the same, and so much thereof as relates to trade unions, to the Channel Islands, and except the said section ten, and so much as relates    .   .   .    to trade unions, to the Isle of Man, and may be cited as the Provident Nominations and Small Intestacies Act, 1883.


2. In this Act the expressions following have the following meanings:—

Directors” means (1) in the case of a society or branch whose property is vested in trustees, the trustees for the time being; (3) in any other case, the directing authority by whatever name it may be called :

“Probate” and “letters of administration” for Scotland mean confirmation :

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Society” includes a registered trade union :

Office” means in the case of a society registered under . . the Trade Union Acts, the registered office of such society.

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39 & 40 Vict. c. 22. s. 10; 26 & 27 Vict. c. 87. ss. 41, 42; 45 & 46 Vict. c. 51. s. 6 (e), extended to sums not over 100l.

3. The following enactments, namely    .   .   .    section ten of the Trade Union Act Amendment Act, 1876, sections forty-one, forty-two    .   .   .    of the Trustee Savings Bank Act, 1863    .   .   .    and subhead (e) of section six of the Government Annuities Act, 1882, respectively shall be read as if in the said sections of the said Acts the words one hundred pounds were substituted for the words fifty pounds.

How a nomination may be made.

4.[1] A nomination may be partly printed, and if made in a book kept at the office shall be taken to be delivered at such office.

[Ss. 5, 6 rep. 61 & 62 Vict. c. 22 (S.L.R.)]

Provisions in case of intestacy and no nomination.

7. If any member of a registered trade union, entitled from the funds thereof to a sum not exceeding one hundred pounds, dies intestate and without having made any nomination which remains unrevoked at his death, such sum shall be payable, without letters of administration, to the person who appears to a majority of the directors, upon such evidence as they may deem satisfactory, to be entitled by law to receive the same.

Provision for illegitimacy.

8. If a member of any society who is entitled to make a nomination under this Act or the Acts hereby amended is illegitimate, and has died intestate, and without having made any such nomination subsisting at his death, the directors may pay the sum which such member might have nominated to or among the person or persons who, in the opinion of the majority of them, would have been entitled thereto if such member had been legitimate, or, if there are no such persons, then the deposits shall be dealt with as the Treasury may direct.

Payments made by directors under the power above given.

9. All payments made by directors under the powers aforesaid shall be valid with respect to any demand of any other person as next of kin of a deceased member, or as his lawful representative or person claiming to be such representative, against the society or savings bank, or the directors, but such next of kin, representative, or claimant shall have remedy for recovery of such money, so paid as aforesaid, against the person or persons who shall have received the same.

Conditions to be observed where fund exceeds 80l.

Nomination or payment under this Act not to affect the liability to probate duty.

10.[1] For the prevention of frauds on the revenue it is enacted as follows:

(1.) If the total sum with respect to which a nomination may be made under this Act by any person, or standing to the credit of any person in any society at his death exceeds, after deduction of any moneys payable under the registered or certified rules of such society or otherwise for the purpose of defraying the funeral expenses of such member the sum of eighty pounds sterling, the directors shall before making any payment to a nominee or otherwise under this Act require production of a duly stamped receipt for the succession or legacy duty payable thereon, or a letter, or a certificate from the Commissioners of Inland Revenue stating that none such is payable; such receipt or certificate shall be given by the said Commissioners upon payment of duty, or satisfactory proof of no duty being payable, as the case may be.

(2.) If, elsewhere than in Scotland, the total personal property, or in Scotland the whole moveable estate, of any person entitled to make a nomination under this Act or the Acts hereby amended exceeds one hundred pounds sterling, any sum paid under this Act without probate or letters of administration shall, notwithstanding such nomination or payment, be liable to probate duty as part of the amount on which such duty is charged, and the directors shall be at liberty before making any such payment to require a statutory declaration by the claimant, or by one of the claimants, that the total personal estate of the deceased, including the sum in question, does not after deduction of debts and funeral expenses exceed the value of one hundred pounds.

Channel Islands and Isle of Man.

11.[1] As respects the Channel Islands and the Isle of Man respectively, the following provision shall have effect. When any sum of money becomes payable on the death of a person entitled to make a nomination under this Act or the Acts hereby amended, such sum shall, in default of any direction or nomination such as is contemplated by the Friendly Societies Act, 1875, or by this Act, be paid to the deceased member's legal representative, according to the law of the island in which such deceased member was domiciled.

[1 Rep. as to industrial and provident societies, 56 & 57 Vict. c. 39. s. 80. So much of this Act as relates to societies registered under 59 & 60 Vict. c. 25, including societies subsisting at the commencement of that Act to which the provisions of that Act apply, is rep. by that Act, s. 107.]

[1 Rep. as to post office and trustee savings banks 50 & 51 Vict. c. 40. s. 11.]

[1 Rep. as to post office and trustee savings banks, 50 & 51 Vict. c. 40. s. 11.]