Part IV E+W Distribution of Residuary Estate

Modifications etc. (not altering text)

C1 Pt. IV amended by Family Law Reform Act 1969 (c. 46), s. 14(3)

C2 Pt. IV (ss. 45–52) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 18(1)(2)(4)

48 Powers of personal representative in respect of interests of surviving spouse. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2) The personal representatives may raise—

(a) [F2 the fixed net sum] or any part thereof and the interest thereon payable to the surviving [F3 spouse or civil partner] of the intestate on the security of the whole or any part of the residuary estate of the intestate (other than the personal chattels), so far as that estate may be sufficient for the purpose or the said sum and interest may not have been satisfied by an appropriation under the statutory power available in that behalf; F4 ...

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and F5 ... the amount, if any, properly required for the payment of the costs of the transaction.

Textual Amendments

F1 S. 48(1) repealed by Intestates' Estates Act 1952 (c. 64), s. 2(a)

F2 Words substituted by Family Provision Act 1966 (c. 35), s. 1(2)(b)

F3 Words in s. 48(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 4 para. 10; S.I. 2005/3175, art. 2(1), Sch. 1

F4 S. 48(2)(b) omitted (1.10.2014) by virtue of Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 4 para. 1(4)(a) (with s. 12(4)); S.I. 2014/2039, art. 2

F5 Words in s. 48(2) omitted (1.10.2014) by virtue of Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 4 para. 1(4)(b) (with s. 12(4)); S.I. 2014/2039, art. 2

Modifications etc. (not altering text)

C3 S. 48 set out as amended by Intestates' Estates Act 1952 (c. 64) in Sch. 1 to that Act