Inheritance and Trustees' Powers Bill (HC Bill 172)

(b) in paragraph (b) for “assuming and discharging that responsibility”
substitute “maintaining or assuming responsibility for maintaining
the applicant”.

(4) In subsection (4), for the words from “regard” to the end substitute
5“regard—

“(a) to the length of time for which and basis on which the
deceased maintained the applicant, and to the extent of the
contribution made by way of maintenance;

(b) to whether and, if so, to what extent the deceased assumed
10responsibility for the maintenance of the applicant.”

Time limit for applications

6 In section 4 (time-limit for applications), at the end insert “(but nothing
prevents the making of an application before such representation is first
taken out)”.

15Joint tenancies

7 (1) Section 9 (property held on joint tenancy) is amended as follows.

(2) In subsection (1)—

(a) omit the words from “, before the end” to “first taken out,” and

(b) omit “, at the value thereof immediately before his death,”.

(3) 20After subsection (1) insert—

“(1A) Where an order is made under subsection (1) the value of the
deceased’s severable share of the property concerned is taken for the
purposes of this Act to be the value that the share would have had at
the date of the hearing of the application for an order under section
252 had the share been severed immediately before the deceased’s
death, unless the court orders that the share is to be valued at a
different date.”

Section 7

SCHEDULE 3 Determination of date when representation is first taken out

1 30In section 31 of the Matrimonial Causes Act 1973 (variation, discharge, etc,
of certain orders for financial relief), for subsection (9) substitute—

“(9) The following are to be left out of account when considering for the
purposes of subsection (6) above when representation was first taken
out—

(a) 35a grant limited to settled land or to trust property,

(b) any other grant that does not permit any of the estate to be
distributed,

(c) a grant limited to real estate or to personal estate, unless a
grant limited to the remainder of the estate has previously
40been made or is made at the same time,

(d) a grant, or its equivalent, made outside the United Kingdom
(but see subsection (9A) below).

(9A) A grant sealed under section 2 of the Colonial Probates Act 1892
counts as a grant made in the United Kingdom for the purposes of
5subsection (9) above, but is to be taken as dated on the date of
sealing.”

2 For section 23 of the Inheritance (Provision for Family and Dependants) Act
1975 (determination of date on which representation was first taken out)
substitute—

“23 10Determination of date on which representation was first taken out

(1) The following are to be left out of account when considering for the
purposes of this Act when representation with respect to the estate
of a deceased person was first taken out—

(a) a grant limited to settled land or to trust property,

(b) 15any other grant that does not permit any of the estate to be
distributed,

(c) a grant limited to real estate or to personal estate, unless a
grant limited to the remainder of the estate has previously
been made or is made at the same time,

(d) 20a grant, or its equivalent, made outside the United Kingdom
(but see subsection (2) below).

(2) A grant sealed under section 2 of the Colonial Probates Act 1892
counts as a grant made in the United Kingdom for the purposes of
this section, but is to be taken as dated on the date of sealing.”

3 25In section 20 of the Administration of Justice Act 1982 (rectification of wills),
for subsection (4) substitute—

“(4) The following are to be left out of account when considering for the
purposes of this section when representation with respect to the
estate of a deceased person was first taken out—

(a) 30a grant limited to settled land or to trust property,

(b) any other grant that does not permit any of the estate to be
distributed,

(c) a grant limited to real estate or to personal estate, unless a
grant limited to the remainder of the estate has previously
35been made or is made at the same time,

(d) a grant, or its equivalent, made outside the United Kingdom
(but see subsection (5)).

(5) A grant sealed under section 2 of the Colonial Probates Act 1892
counts as a grant made in the United Kingdom for the purposes of
40subsection (4), but is to be taken as dated on the date of sealing.”

4 (1) Schedule 1 to the Children Act 1989 (financial provision for children) is
amended as follows.

(2) In paragraph 7 (variation of orders for secured periodical payments after

death of parent), for sub-paragraph (6) substitute—

“(6) The following are to be left out of account when considering for
the purposes of sub-paragraph (2) when representation was first
taken out—

(a) 5a grant limited to settled land or to trust property,

(b) any other grant that does not permit any of the estate to be
distributed,

(c) a grant limited to real estate or to personal estate, unless a
grant limited to the remainder of the estate has previously
10been made or is made at the same time,

(d) a grant, or its equivalent, made outside the United
Kingdom (but see sub-paragraph (6A)).

(6A) A grant sealed under section 2 of the Colonial Probates Act 1892
counts as a grant made in the United Kingdom for the purposes of
15sub-paragraph (6), but is to be taken as dated on the date of
sealing.”

(3) In paragraph 11 (alteration of maintenance agreements after death of one of
the parties), for sub-paragraph (4) substitute—

“(4) The following are to be left out of account when considering for
20the purposes of sub-paragraph (3) when representation was first
taken out—

(a) a grant limited to settled land or to trust property,

(b) any other grant that does not permit any of the estate to be
distributed,

(c) 25a grant limited to real estate or to personal estate, unless a
grant limited to the remainder of the estate has previously
been made or is made at the same time,

(d) a grant, or its equivalent, made outside the United
Kingdom (but see sub-paragraph (4A)).

(4A) 30A grant sealed under section 2 of the Colonial Probates Act 1892
counts as a grant made in the United Kingdom for the purposes of
sub-paragraph (4), but is to be taken as dated on the date of
sealing.”

5 In Schedule 5 to the Civil Partnership Act 2004, in paragraph 60 (variation of
35secured periodical payments order where person liable has died), for sub-
paragraph (6) substitute—

“(6) The following are to be left out of account when considering for the
purposes of sub-paragraph (3) when representation was first taken
out—

(a) 40a grant limited to settled land or to trust property,

(b) any other grant that does not permit any of the estate to be
distributed,

(c) a grant limited to real estate or to personal estate, unless a
grant limited to the remainder of the estate has previously
45been made or is made at the same time,

(d) a grant, or its equivalent, made outside the United Kingdom
(but see sub-paragraph (7)).

(7) A grant sealed under section 2 of the Colonial Probates Act 1892
counts as a grant made in the United Kingdom for the purposes of
sub-paragraph (6), but is to be taken as dated on the date of sealing.”

Section 11

SCHEDULE 4 5Minor and consequential amendments

Administration of Estates Act 1925

1 (1) The Administration of Estates Act 1925 is amended as follows.

(2) Omit section 46(3) (which relates to deaths in circumstances where it is
uncertain which of two people survived the other).

(3) 10Omit section 47A (right of surviving spouse to have own life interest
redeemed).

(4) In section 48 (powers of personal representative in respect of interests of
surviving spouse), in subsection (2), omit the following—

(a) paragraph (b), and the word “and” after paragraph (a), and

(b) 15the words “in either case”.

(5) In section 49 (application of Part 4 of Act to partial intestacies), omit
subsection (4).

Intestates’ Estates Act 1952

2 (1) Schedule 2 to the Intestates’ Estates Act 1952 (rights of surviving spouse or
20civil partner as respects home) is amended as follows.

(2) Omit paragraph 1(4).

(3) In paragraph 3, for sub-paragraph (3) substitute—

“(3) The court may extend the period of 12 months referred to in sub-
paragraph (1)(a) if the surviving spouse or civil partner applies for
25it to be extended and satisfies the court that a period limited to 12
months would operate unfairly—

(a) in consequence of the representation first taken out being
probate of a will subsequently revoked on the ground that
the will was invalid, or

(b) 30in consequence of a question whether a person had an
interest in the estate, or as to the nature of an interest in the
estate, not having been determined at the time when
representation was first taken out, or

(c) in consequence of some other circumstances affecting the
35administration or distribution of the estate.

(4) For the purposes of the construction of the references in this
paragraph to the first taking out of representation, there shall be
left out of account—

(a) a grant limited to settled land or to trust property,

(b) 40any other grant that does not permit any of the estate to be
distributed,

(c) a grant limited to real estate or to personal estate, unless a
grant limited to the remainder of the estate has previously
been made or is made at the same time,

(d) a grant, or its equivalent, made outside the United
5Kingdom (but see sub-paragraph (5)).

(5) A grant sealed under section 2 of the Colonial Probates Act 1892
counts as a grant made in the United Kingdom for the purposes of
sub-paragraph (4), but is to be taken as dated on the date of
sealing.”

10Administration of Justice Act 1977

3 In section 28 of the Administration of Justice Act 1977, omit subsection (1).

Inheritance Tax Act 1984

4 In the Inheritance Tax Act 1984—

(a) in section 17 (changes in distribution of deceased’s estate, etc.), omit
15paragraph (c);

(b) omit section 145 (redemption of surviving spouse’s or civil partner’s
life interest).