Section 7

SCHEDULE 3 Determination of date when representation is first taken out

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

“(9) 5The following are to be left out of account when considering for the
purposes of subsection (6) above 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
10distributed,

(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 Kingdom
15(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
subsection (9) above, but is to be taken as dated on the date of
sealing.”

2 20For section 23 of the Inheritance (Provision for Family and Dependants) Act
1975 (determination of date on which representation was first taken out)
substitute—

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

(1) The following are to be left out of account when considering for the
25purposes 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) any other grant that does not permit any of the estate to be
distributed,

(c) 30a 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 subsection (2) below).

(2) 35A 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 In section 20 of the Administration of Justice Act 1982 (rectification of wills),
for subsection (4) substitute—

“(4) 40The 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) a grant limited to settled land or to trust property,

(b) any other grant that does not permit any of the estate to be
45distributed,

(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 Kingdom
5(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
subsection (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
10amended 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
15taken 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) a grant limited to real estate or to personal estate, unless a
20grant 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 (6A)).

(6A) A grant sealed under section 2 of the Colonial Probates Act 1892
25counts 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.”

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

“(4) 30The following are to be left out of account when considering for
the 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
35distributed,

(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
40Kingdom (but see sub-paragraph (4A)).

(4A) 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.”

5 45In Schedule 5 to the Civil Partnership Act 2004, in paragraph 60 (variation of
secured 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) 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 (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
15sub-paragraph (6), but is to be taken as dated on the date of sealing.”

Section 11

SCHEDULE 4 Minor and consequential amendments

Administration of Estates Act 1925

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

(2) 20Omit section 46(3) (which relates to deaths in circumstances where it is
uncertain which of two people survived the other).

(3) Omit 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
25surviving spouse), in subsection (2), omit the following—

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

(b) the words “in either case”.

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

30Intestates’ Estates Act 1952

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

(2) Omit paragraph 1(4).

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

“(3) 35The court may extend the period of 12 months referred to in sub-
paragraph (1)(a) if the surviving spouse or civil partner applies for
it 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) in consequence of a question whether a person had an
5interest 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
administration or distribution of the estate.

(4) 10For 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) any other grant that does not permit any of the estate to be
15distributed,

(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
20Kingdom (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.”

25Administration 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
30paragraph (c);

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