SCHEDULE 3 Determination of Date when Representation is First Taken Out

SCHEDULE 3 Determination of Date when Representation is First Taken Out

Section 7

1

In section 31 of the Matrimonial Causes Act 1973 (variation, discharge, etc, of certain orders for financial relief), for subsection (9) substitute—

“(9)     The following are to be left out of account when considering for the purposes of subsection (6) above when representation was first taken out—

(a)     a grant limited to settled land or to trust property,

(b)     any other grant that does not permit any of the estate to be distributed,

(c)     a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,

(d)     a grant, or its equivalent, made outside the United Kingdom (but see subsection (9A) below).

(9A)     A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of subsection (9) above, but is to be taken as dated on the date of sealing.â€

2

For section 23 of the Inheritance (Provision for Family and Dependants) Act 1975 (determination of date on which representation was first taken

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