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|
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Administration of estates and family provision |
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Public Trustee Act 1906 (c. 55) |
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6 | In section 6(1), after “widower, widow” (in both places) insert “, surviving |
| |
| 5 |
Administration of Estates Act 1925 (c. 23) |
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7 | In section 46 (succession to real and personal estate on intestacy), for |
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“husband or wife” (in each place) substitute “spouse or civil partner”. |
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8 (1) | Amend section 47(1) (meaning of “the statutory trusts”) as follows. |
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(2) | In paragraph (i), after “or marry under that age” (in the first place) insert “or |
| 10 |
form a civil partnership under that age”. |
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(3) | In that paragraph, after “or marry” (in the second place) insert “, or form a |
| |
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(4) | In paragraph (ii), after “marries” insert “, or forms a civil partnership,”. |
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9 | In section 47A, in subsection (1) and in the proviso to subsection (5), for |
| 15 |
“husband or wife” substitute “spouse or civil partner”. |
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10 | In section 48(2), for “husband or wife” (in each place) substitute “spouse or |
| |
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11 | In section 51(3) (devolution of certain estates vested in infant who dies |
| |
without having married and without issue), after “without having been |
| 20 |
married” insert “or having formed a civil partnership,”. |
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12 | In section 55(1)(xviii) (which defines “valuable consideration” as including |
| |
marriage), after “includes marriage,” insert “and formation of a civil |
| |
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Intestates’ Estates Act 1952 (c. 64) |
| 25 |
13 (1) | Amend section 5 and Schedule 2 (rights of surviving spouse as respects the |
| |
matrimonial home) as follows. |
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(2) | For “husband or wife” (in each place) substitute “spouse or civil partner”. |
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(3) | In section 5, after “matrimonial” insert “or civil partnership”. |
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(4) | In the heading of each— |
| 30 |
(a) | after “spouse” insert “or civil partner”, and |
| |
(b) | after “matrimonial” insert “or civil partnership”. |
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Family Provision Act 1966 (c. 35) |
| |
14 | In section 1(1) (fixed net sum payable to surviving spouse of person dying |
| |
intestate), for “husband or wife” substitute “spouse or civil partner”. |
| 35 |
Inheritance (Provision for Family and Dependants) Act 1975 (c. 63) |
| |
15 (1) | Amend section 1 (application for financial provision from deceased person’s |
| |
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|
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|
| |
|
(2) | For subsection (1)(a) and (b) (application may be made by spouse or by |
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former spouse who has not remarried) substitute— |
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“(a) | the spouse or civil partner of the deceased; |
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(b) | a former spouse or former civil partner of the deceased, but |
| |
not one who has formed a subsequent marriage or civil |
| 5 |
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(3) | In subsection (1)(d) (application may be made by child of the family), after |
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“marriage” (in each place) insert “or civil partnership”. |
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(4) | In subsection (2) (meaning of “reasonable financial provision”), after |
| |
| 10 |
“(aa) | in the case of an application made by virtue of subsection |
| |
(1)(a) above by the civil partner of the deceased (except |
| |
where, at the date of death, a separation order under Chapter |
| |
2 of Part 2 of the Civil Partnership Act 2004 was in force in |
| |
relation to the civil partnership and the separation was |
| 15 |
continuing), means such financial provision as it would be |
| |
reasonable in all the circumstances of the case for a civil |
| |
partner to receive, whether or not that provision is required |
| |
for his or her maintenance;”. |
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16 | In section 2(1) (orders which may be made on an application), after |
| 20 |
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“(g) | an order varying any settlement made— |
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(i) | during the subsistence of a civil partnership formed |
| |
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(ii) | in anticipation of the formation of a civil partnership |
| 25 |
| |
| on the civil partners (including such a settlement made by |
| |
will), the variation being for the benefit of the surviving civil |
| |
partner, or any child of both the civil partners, or any person |
| |
who was treated by the deceased as a child of the family in |
| 30 |
relation to that civil partnership.” |
| |
17 (1) | Amend section 3(2) (application by spouse or former spouse: matters to |
| |
which court is to have regard) as follows. |
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(2) | For the words from the beginning to “1(1)(b) of this Act” substitute— |
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| “This subsection applies, without prejudice to the generality of |
| 35 |
paragraph (g) of subsection (1) above, where an application for an |
| |
order under section 2 of this Act is made by virtue of section 1(1)(a) |
| |
| |
(3) | The words from “the court shall, in addition” to the end of paragraph (b) |
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shall become a second sentence of the subsection and, in paragraph (a) of the |
| 40 |
sentence so formed, after “duration of the marriage” insert “or civil |
| |
| |
(4) | The words from “in the case of an application by the wife or husband” to the |
| |
end shall become a third sentence of the subsection. |
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(5) | At the end insert the following sentence— |
| 45 |
| “In the case of an application by the civil partner of the deceased, the |
| |
court shall also, unless at the date of the death a separation order |
| |
under Chapter 2 of Part 2 of the Civil Partnership Act 2004 was in |
| |
force and the separation was continuing, have regard to the |
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|
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|
| |
|
provision which the applicant might reasonably have expected to |
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receive if on the day on which the deceased died the civil |
| |
partnership, instead of being terminated by death, had been |
| |
terminated by a dissolution order.” |
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18 | In section 6(3) and (10) (variation etc. of orders which cease on occurrence of |
| 5 |
specified event other than remarriage of former spouse), for “(other than the |
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remarriage of a former wife or former husband)” substitute “(other than the |
| |
formation of a subsequent marriage or civil partnership by a former spouse |
| |
or former civil partner)”. |
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19 | After section 14 insert— |
| 10 |
“14A | Provision as to cases where no financial relief was granted in |
| |
proceedings for the dissolution etc. of a civil partnership |
| |
(1) | Subsection (2) below applies where— |
| |
(a) | a dissolution order, nullity order, separation order or |
| |
presumption of death order has been made under Chapter 2 |
| 15 |
of Part 2 of the Civil Partnership Act 2004 in relation to a civil |
| |
| |
(b) | one of the civil partners dies within twelve months from the |
| |
date on which the order is made, and |
| |
| 20 |
(i) | an application for a financial provision order under |
| |
Part 1 of Schedule 6 to that Act or a property |
| |
adjustment order under Part 2 of that Schedule has |
| |
not been made by the other civil partner, or |
| |
(ii) | such an application has been made but the |
| 25 |
proceedings on the application have not been |
| |
determined at the time of the death of the deceased. |
| |
(2) | If an application for an order under section 2 of this Act is made by |
| |
the surviving civil partner, the court shall, notwithstanding anything |
| |
in section 1 or section 3 of this Act, have power, if it thinks it just to |
| 30 |
do so, to treat the surviving civil partner as if the order mentioned in |
| |
subsection (1)(a) above had not been made. |
| |
(3) | This section shall not apply in relation to a separation order unless at |
| |
the date of the death of the deceased the separation order was in |
| |
force and the separation was continuing.” |
| 35 |
20 | After section 15 insert— |
| |
“15ZA | Restriction imposed in proceedings for the dissolution etc. of a civil |
| |
partnership on application under this Act |
| |
(1) | On making a dissolution order, nullity order, separation order or |
| |
presumption of death order under Chapter 2 of Part 2 of the Civil |
| 40 |
Partnership Act 2004, or at any time after making such an order, the |
| |
court, if it considers it just to do so, may, on the application of either |
| |
of the civil partners, order that the other civil partner shall not on the |
| |
death of the applicant be entitled to apply for an order under section |
| |
| 45 |
(2) | In subsection (1) above “the court” means the High Court or, where |
| |
a county court has jurisdiction by virtue of Part 5 of the Matrimonial |
| |
and Family Proceedings Act 1984, a county court. |
| |
|
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|
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|
(3) | In the case of a dissolution order, nullity order or presumption of |
| |
death order (“the main order”) an order may be made under |
| |
subsection (1) above before (as well as after) the main order is made |
| |
final, but if made before the main order is made final it shall not take |
| |
effect unless the main order is made final. |
| 5 |
(4) | Where an order under subsection (1) above made in connection with |
| |
a dissolution order, nullity order or presumption of death order has |
| |
come into force with respect to a civil partner, then, on the death of |
| |
the other civil partner, the court shall not entertain any application |
| |
for an order under section 2 of this Act made by the surviving civil |
| 10 |
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(5) | Where an order under subsection (1) above made in connection with |
| |
a separation order has come into force with respect to a civil partner, |
| |
then, if the other civil partner dies while the separation order is in |
| |
force and the separation is continuing, the court shall not entertain |
| 15 |
any application for an order under section 2 of this Act made by the |
| |
surviving civil partner.” |
| |
21 | After section 15A insert— |
| |
“15B | Restriction imposed in proceedings under Schedule 8 to the Civil |
| |
Partnership Act 2004 on application under this Act |
| 20 |
(1) | On making an order under paragraph 9 of Schedule 8 to the Civil |
| |
Partnership Act 2004 (orders for financial provision, property |
| |
adjustment and pension-sharing following overseas dissolution etc. |
| |
of civil partnership) the court, if it considers it just to do so, may, on |
| |
the application of either of the civil partners, order that the other civil |
| 25 |
partner shall not on the death of the applicant be entitled to apply for |
| |
an order under section 2 of this Act. |
| |
(2) | In subsection (1) above “the court” means the High Court or, where |
| |
a county court has jurisdiction by virtue of Part 5 of the Matrimonial |
| |
and Family Proceedings Act 1984, a county court. |
| 30 |
(3) | Where an order under subsection (1) above has been made with |
| |
respect to one of the civil partners in a case where a civil partnership |
| |
has been dissolved or annulled, then, on the death of the other civil |
| |
partner, the court shall not entertain an application under section 2 |
| |
of this Act made by the surviving civil partner. |
| 35 |
(4) | Where an order under subsection (1) above has been made with |
| |
respect to one of the civil partners in a case where civil partners have |
| |
been legally separated, then, if the other civil partner dies while the |
| |
legal separation is in force, the court shall not entertain an |
| |
application under section 2 of this Act made by the surviving civil |
| 40 |
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22 | In section 16(1) (power to vary secured periodical payments orders)— |
| |
(a) | after “the Matrimonial Causes Act 1973” insert “or Schedule 6 to the |
| |
Civil Partnership Act 2004”, and |
| |
(b) | after “that Act” insert “of 1973 or Part 10 of that Schedule”. |
| 45 |
23 | In section 17(4) (meaning of “maintenance agreement”)— |
| |
(a) | for “entered into a marriage” substitute “formed a marriage or civil |
| |
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|
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|
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|
(b) | after “of the parties to that marriage” insert “or of the civil partners”, |
| |
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(c) | after “marriage” (in the third and fourth places) insert “or civil |
| |
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24 | After section 18 insert— |
| 5 |
“18A | Availability of court’s powers under this Act in applications under |
| |
paragraphs 52 and 65 of Schedule 6 to the Civil Partnership Act 2004 |
| |
| |
(a) | a person against whom a secured periodical payments order |
| |
was made under Schedule 6 to the Civil Partnership Act 2004 |
| 10 |
has died and an application is made under paragraph 52 of |
| |
that Schedule for the variation or discharge of that order or |
| |
for the revival of the operation of any suspended provision of |
| |
| |
(b) | a party to a maintenance agreement within the meaning of |
| 15 |
Part 12 of that Schedule has died, the agreement being one |
| |
which provides for the continuation of payments under the |
| |
agreement after the death of one of the parties, and an |
| |
application is made under paragraph 65 of that Schedule for |
| |
the alteration of the agreement under paragraph 61 of that |
| 20 |
| |
| the court shall have power to direct that the application made under |
| |
paragraph 52 or 65 of that Schedule shall be deemed to have been |
| |
accompanied by an application for an order under section 2 of this |
| |
| 25 |
(2) | Where the court gives a direction under subsection (1) above it shall |
| |
have power, in the proceedings on the application under paragraph |
| |
52 or 65 of that Schedule, to make any order which the court would |
| |
have had power to make under the provisions of this Act if the |
| |
application under that paragraph had been made jointly with an |
| 30 |
application for an order under section 2 of this Act; and the court |
| |
shall have power to give such consequential directions as may be |
| |
necessary for enabling the court to exercise any of the powers |
| |
available to the court under this Act in the case of an application for |
| |
an order under section 2. |
| 35 |
(3) | Where an order made under section 15ZA(1) of this Act is in force |
| |
with respect to a civil partner, the court shall not give a direction |
| |
under subsection (1) above with respect to any application made |
| |
under paragraph 52 or 65 of that Schedule by that civil partner on the |
| |
death of the other civil partner.” |
| 40 |
25 (1) | Amend section 19 (effect, duration and form of orders) as follows. |
| |
(2) | In subsection (2)(a), for “former husband or former wife” substitute “former |
| |
spouse or former civil partner”. |
| |
(3) | In subsection (2), after paragraph (b) insert “or |
| |
(c) | an applicant who was the civil partner of the deceased in a |
| 45 |
case where, at the date of death, a separation order under |
| |
Chapter 2 of Part 2 of the Civil Partnership Act 2004 was in |
| |
force in relation to their civil partnership and the separation |
| |
| |
|
| |
|
| |
|
(4) | In that subsection, in the words after paragraph (b), for “on the remarriage |
| |
of the applicant” onwards substitute “on the formation by the applicant of a |
| |
subsequent marriage or civil partnership, except in relation to any arrears |
| |
due under the order on the date of the formation of the subsequent marriage |
| |
| 5 |
(5) | In subsection (3), after “section 15(1)” insert “or 15ZA(1)”. |
| |
26 (1) | Amend section 25 (interpretation) as follows. |
| |
(2) | In subsection (1), in the definition of “former wife” and “former husband”, |
| |
for ““former wife” or “former husband”” substitute ““former spouse””. |
| |
(3) | In that subsection, before that definition insert— |
| 10 |
| ““former civil partner” means a person whose civil partnership |
| |
with the deceased was during the lifetime of the deceased |
| |
| |
(a) | dissolved or annulled by an order made under the |
| |
law of any part of the British Islands, or |
| 15 |
(b) | dissolved or annulled in any country or territory |
| |
outside the British Islands by a dissolution or |
| |
annulment which is entitled to be recognised as valid |
| |
by the law of England and Wales;”. |
| |
| 20 |
(a) | before “wife” insert “spouse,” and |
| |
(b) | in paragraph (b), for “entered into a later marriage” substitute |
| |
“formed a subsequent marriage or civil partnership”. |
| |
(5) | For subsection (5) substitute— |
| |
“(4A) | For the purposes of this Act any reference to a civil partner shall be |
| 25 |
treated as including a reference to a person who in good faith formed |
| |
a void civil partnership with the deceased unless either— |
| |
(a) | the civil partnership between the deceased and that person |
| |
was dissolved or annulled during the lifetime of the deceased |
| |
and the dissolution or annulment is recognised by the law of |
| 30 |
| |
(b) | that person has during the lifetime of the deceased formed a |
| |
subsequent civil partnership or marriage. |
| |
(5) | Any reference in this Act to the formation of, or to a person who has |
| |
formed, a subsequent marriage or civil partnership includes (as the |
| 35 |
case may be) a reference to the formation of, or to a person who has |
| |
formed, a marriage or civil partnership which is by law void or |
| |
| |
(5A) | The formation of a marriage or civil partnership shall be treated for |
| |
the purposes of this Act as the formation of a subsequent marriage or |
| 40 |
civil partnership, in relation to either of the spouses or civil partners, |
| |
notwithstanding that the previous marriage or civil partnership of |
| |
that spouse or civil partner was void or voidable.” |
| |
(6) | After subsection (6) insert— |
| |
“(6A) | Any reference in this Act to an order made under, or under any |
| 45 |
provision of, the Civil Partnership Act 2004 shall be construed as |
| |
including a reference to anything which is deemed to be an order |
| |
made (as the case may be) under that Act or provision.” |
| |
|
| |
|