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Inheritance (Provision for Family and Dependants) Act 1975
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Changes over time for: Section 19
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Inheritance (Provision for Family and Dependants) Act 1975, Section 19 is up to date with all changes known to be in force on or before 01 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 19:
- s. 19(2)(b) amended (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 1 para. 27(7)
- s. 25 (defns. of "former wife" and "former husband") amended (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 1 para. 27(8)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 25 (defns. of "former wife" and "former husband") amended (prosp.) by 1996 c. 27 s. 66(1) Sch. 8 Pt. 1 para. 27(8)
19 Effect, duration and form of orders.E+W
(1)Where an order is made under section 2 of this Act then for all purposes, including the purposes of the enactments relating to capital transfer tax, 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 section 2 or 5 of this Act in favour of—
(a)an applicant who was the [F1former 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 [F2judicial separation order] and at the date of death [F3the order] was in force and the separation was continuing, [F4 or
(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 2 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 [F5on 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 Act [F6other than an order made under section 15(1) [F7or 15ZA(1)] of this Act] shall be sent to the principal registry of the Family Division 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.
Textual Amendments
F1Words in s. 19(2)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 71, 263(2), Sch. 4 para. 26(2); S.I. 2005/3175, art. 2(1), Sch. 1
F2Words in s. 19(2)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 44(6)(a); S.I. 2022/283, reg. 2
F3Words in s. 19(2)(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 44(6)(b); S.I. 2022/283, reg. 2
F4S. 19(2)(c) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 71, 263(2), Sch. 4 para. 26(3); S.I. 2005/3175, art. 2(1), Sch. 1
F5Words in s. 19(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 71, 263(2), Sch. 4 para. 26(4); S.I. 2005/3175, art. 2(1), Sch. 1
F6Words inserted by Administration of Justice Act 1982 (c. 53, SIF 37), s. 52
F7Words in s. 19(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 71, 263(2), Sch. 4 para. 26(5); S.I. 2005/3175, art. 2(1), Sch. 1
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