Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979

Effect, duration and form of orders N.I.

21.—(1) Where an order is made under Article 4 then, for all purposes, the will or the law relating to intestacy, or both the will and the law relating to intestacy, as the case may be, shall have effect and be deemed to have had effect as from the deceased's death subject to the provisions of the order.

(2) Any order made under Article 4 or 7 in favour of—

(a) an applicant who was the[F1 former spouse or former civil partner] of the deceased, or

(b) an applicant who was the husband or wife of the deceased in a case where the marriage with the deceased was the subject of a decree of judicial separation and at the date of death the decree was in force and the separation was continuing,[F1 or]

[F1 (c) an applicant who was the civil partner of the deceased in a case where, at the date of death, a separation order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 was in force in relation to their civil partnership and the separation was continuing,]

shall, in so far as it provides for the making of periodical payments, cease to have effect[F1 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 or civil partnership.]

(3) A copy of every order made under this Order shall be sent to the Probate and Matrimonial Office of the[F2 Court of Judicature] for entry and filing, and a memorandum of the order shall be endorsed on, or permanently annexed to, the probate or letters of administration under which the estate is being administered.

F1 2004 c. 33

F2 Words in art. 21(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)