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

Application for financial provision from deceased's estate N.I.

3.—(1) Where after the commencement of this Order a person dies domiciled in Northern Ireland and is survived by any of the following persons:—

[F1 (a) the spouse or civil partner of the deceased;

(b) a former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;]

[F2 (ba) any person (not being a person included in sub-paragraph (a) or (b)) to whom paragraph (1A)[F1 or (1B)] applies;]

(c) a child of the deceased;

(d) any person (not being a child of the deceased) who, in the case of any marriage[F1 or civil partnership] to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage[F1 or civil partnership];

(e) any person (not being a person included in sub-paragraphs ( a) to ( d)) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased;

that person may apply to the court for an order under Article 4 on the ground that the disposition of the deceased's estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant.

[F2 (1A) This paragraph applies to a person if the deceased died after the coming into operation of the Succession (Northern Ireland) Order 1996 and, during the whole of the period of two years ending immediately before the date when the deceased died, the person was living—

(a) in the same household as the deceased; and

(b) as the husband or wife of the deceased.]

[F1 (1B) This paragraph applies to a person if for the whole of the period of two years ending immediately before the date when the deceased died the person was living—

(a) in the same household as the deceased, and

(b) as the civil partner of the deceased.]

(2) For the purposes of paragraph (1)( e), a person shall be treated as being maintained by the deceased, either wholly or partly, as the case may be, if the deceased, otherwise than for full valuable consideration, was making a substantial contribution in money or money's worth towards the reasonable needs of that person.

F1 2004 c. 33

F2 1996 NI 26