The Inheritance and Trustees' Powers Act 2014 (Commencement) Order 2014

JurisdictionUK Non-devolved
CitationSI 2014/2039
Year2014

2014No. 2039 (C. 93)

FAMILY PROVISION

The Inheritance and Trustees' Powers Act 2014 (Commencement) Order 2014

25thJuly2014

The Lord Chancellor makes the following Order in exercise of the power conferred by section 12(2) of the Inheritance and Trustees' Powers Act 2014( 1).

Citation

1. This Order may be cited as the Inheritance and Trustees' Powers Act 2014 (Commencement) Order 2014.

Appointed day

2. The Inheritance and Trustees' Powers Act 2014, so far as not already in force, comes into force on 1st October 2014.

Signed by authority of the Lord Chancellor

Edward Faulks

Minister of State

Ministry of Justice

25th July 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force those provisions of the Inheritance and Trustees' Powers Act 2014 (the Act) not already in force. Section 12 of the Act came into force on the day (14th May 2014) on which the Act was passed, by virtue of subsection (2) of that section.

The Act implements the recommendations of the Law Commission in Parts 2 to 7 of its report onIntestacy and Family Provision Claims on Death(2011) Law Com No. 331, making amendments in particular to provisions governing the intestacy rules and provision for family and dependants of a deceased person. The intestacy rules (contained in the Administration of Estates Act 1925( 2) and the Intestates' Estates Act 1952( 3)) determine the distribution on a person's death of any of that person's property not disposed of by a valid will (the intestate estate); and the Act amends those provisions in relation to cases where the deceased left a surviving spouse or civil partner, so that the surviving spouse or civil partner is entitled to the entire intestate estate where the deceased left no issue, and is entitled to a greater share of the intestate estate when the deceased did leave issue (sharing the remainder with the deceased's issue). Other changes relate to the setting of the level of the "statutory legacy" (a fixed net sum to which the surviving spouse or civil partner is entitled from the intestate estate before having to share any of the intestate estate with the deceased's issue), to the rate of interest accruing before distribution of the estate and to the position of adopted children of the deceased in certain circumstances.

The Inheritance (Provision for Family and Dependants) Act 1975( 4) makes provision enabling a family member, or a person who was dependent on the...

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