Order granting permission to make application under the Inheritance (provision for family and dependants) Act 1975 after time expired
| Published date | 21 March 2018 |
| Subject Matter | Chancery forms |
Order granting Permission to make application under the Inheritance (Provision for Family and Dependants) Act 1975 after time expired CH 33
IN THE HIGH COURT OF JUSTICE Claim No. -
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
[ LIST](ChD)
Master [name]
[Day, month, year]
In the estate of [name, deceased]
B E T W E E N:
ABCDEFG
Claimant
-and-
HIJKLMNOP
Defendant
_________________________________________
ORDER
_________________________________________
UPON the application of the [party] by Part 8 Claim Form dated . . .
AND UPON HEARING [names of the advocates and/or those given permission to address the court] for the Claimant / the Defendant
AND UPON READING Probate of the Will and Codicil of the deceased granted on (date) to (name) / Letters of Administration with the Will annexed of the estate of the deceased granted on (date) to (name)
IT IS ORDERED that
(1) the Claimant(s) have permission to make an Application under the Inheritance (Provision for Family and Dependants) Act 1975 notwithstanding that the period of six months specified in that Act had expired at the date of issue of the Claim Form
(2) under section 5 of the Act there be paid to the Claimant(s) out of the net estate of the deceased
(a) the sum of £ forthwith and
(b) the sum of £ on the day of each month beginning
on (date) until the date upon which the Court either makes an Order under section 2 of the Act or decides not to exercise its powers under that section or until further Order in the meantime
(3) a memorandum of this Order be endorsed on or permanently annexed to the above Probate/Letters of Administration
(4) this application be stood over generally with permission to restore
(5) this order shall be served by the Claimant on the Defendant
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