- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Matrimonial Causes Act 1965, Section 25.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
[F1(1)Where a maintenance agreement within the meaning of section 23 of this Act provides for the continuation of payments under the agreement after the death of one of the parties and that party dies after 16th August 1957 domiciled in England, the surviving party may—
(a)before the end of the period of six months from the date when representation in regard to the deceased’s estate is first taken out; or
(b)with the permission of the court, after the end of that period but before the administration and distribution of the estate is completed,
apply to the High Court for any order under subsection (1) of the last foregoing section for which the surviving party might have applied immediately before the death.
[F2An application under this section shall not, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of the deceased is first taken out.]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(4) In considering for the purposes of subsection (1) of this section the question when representation was first taken out, a grant limited to settled land or to trust property shall be left out of account, and a grant limited to real estate or to personal estate shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time.
(5) For the purposes of section 162(1) of the M1Supreme Court of Judicature (Consolidation) Act 1925 (which relates to the discretion of the court as to the persons to whom administration is to be granted) a person by whom an application is proposed to be made by virtue of this section shall be deemed to be a person interested in the deceased’s estate.]
Textual Amendments
F1S. 25(1) repealed by Matrimonial Causes Act 1973 (c. 18), s. 54(1), Sch. 3 but reproduced for the purpose of construing the remaining provisions of this Act
F2Words added by Family Provision Act 1966 (c. 35), s. 5(3)
F3Ss. 1–8(1), 9–24, 25(2)(3) repealed by Matrimonial Causes Act 1973 (c. 18), s. 54(1), Sch. 3
Modifications etc. (not altering text)
C1S. 25(4)(5) repealed except as applied by s. 28(2) of this Act by Matrimonial Causes Act 1973 (c. 18), s. 54(1), Sch. 3
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: