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Law Reform (Succession) Act 1995

Consolidated Text As Enacted Cited authorities 12 Cited in Amendments 22 Related
Vincent
JurisdictionUK Non-devolved
(1) In the Where the intestate’s husband or wife survived the intestate but died before the end of the period of 28 days beginning with the day on which the intestate died, this section shall have effect as respects the intestate as if the husband or wife had not survived the intestate.in section 47 (statutory trusts in favour of issue and other relatives of intestate) , subsection (1) (iii) ;in section 49 (partial intestacy) , in subsection (1) paragraphs (aa) and (a) , and subsections (2) and (3) .(3) Subsections (1) and (2) above have effect as respects an intestate dying on or after 1st January 1996.(4) In section 50 of the 1925 Act (construction of documents) , the references in subsection (1) to Part IV of that Act and to the foregoing provisions of that Part shall, in relation to an instrument inter vivos made or a will or codicil coming into operation on or after 1st January 1996 (but not in relation to instruments inter vivos made or wills or codicils coming into operation earlier) , be construed as including references to this section.(5) In this section “intestate” shall be construed in accordance with section 55(1) (vi) of the 1925 Act.(1) The (2) In section 1 (application for financial provision from deceased’s estate) , in subsection (1) (persons who may apply) the following paragraph shall be inserted after paragraph (b) —
  • (ba) any person (not being a person included in paragraph (a) or (b) above) to whom subsection (1A) below applies;
.any person (not being a person included in paragraph (a) or (b) above) to whom subsection (1A) below applies;(3) In that section, the following subsection shall be inserted after subsection (1) —
  • “(1A) This subsection applies to a person if the deceased died on or after 1st January 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.
in the same household as the deceased, andas the husband or wife of the deceased.

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