SCHEDULES

SCHEDULE 4Wills, administration of estates and family provision

Part 2Administration of estates and family provision

Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)

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(1)

Amend section 1 (application for financial provision from deceased person’s estate) as follows.

(2)

For subsection (1)(a) and (b) (application may be made by spouse or by former spouse who has not remarried) substitute—

“(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;”.

(3)

In subsection (1)(ba) (application may be made by person living as husband or wife of the deceased), after “subsection (1A)” insert “ or (1B) ”.

(4)

In subsection (1)(d) (application may be made by child of the family), after “marriage” (in each place) insert “ or civil partnership ”.

(5)

After subsection (1A) insert—

“(1B)

This subsection 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.”

(6)

In subsection (2) (meaning of “reasonable financial provision”), after paragraph (a) insert—

“(aa)

in the case of an application made by virtue of subsection (1)(a) above by the civil partner of the deceased (except 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 the civil partnership and the separation was continuing), means such financial provision as it would be reasonable in all the circumstances of the case for a civil partner to receive, whether or not that provision is required for his or her maintenance;”.