Law Reform (Succession) Act 1995
In the Administration of Estates Act 1925 (“the 1925 Act”), in section 46 (succession on intestacy) the following subsection shall be inserted after subsection (2)—
The following provisions of the 1925 Act (which require certain payments made by an intestate, and certain interests acquired under a will of an intestate, to be brought into account) shall cease to have effect—
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).
Subsections (1) and (2) above have effect as respects an intestate dying on or after 1st January 1996.
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.
In this section “intestate” shall be construed in accordance with section 55(1)(vi) of the 1925 Act.
The Inheritance (Provision for Family and Dependants) Act 1975 shall be amended as follows.
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)—.
In that section, the following subsection shall be inserted after subsection (1)—
In section 3 (matters to which court is to have regard in exercising its powers to make orders), the following subsection shall be inserted after subsection (2)—
In section 18A of the Wills Act 1837 (effect of dissolution or annulment of marriage on will), in subsection (1) for paragraphs (a) and (b) (abrogation of appointment of spouse as executor and lapse of devise or bequest to spouse) there shall be substituted—.
Subsection (1) above has effect as respects a will made by a person dying on or after 1st January 1996 (regardless of the date of the will and the date of the dissolution or annulment).
In section 6 of the Children Act 1989 (revocation of appointment of guardian) the following subsection shall be inserted after subsection (3)—
Subsection (1) above has effect as respects an appointment made by a person dying on or after 1st January 1996 (regardless of the date of the appointment and the date of the dissolution or annulment).
The enactments mentioned in the Schedule to this Act are repealed in accordance with that Schedule.
This Act may be cited as the Law Reform (Succession) Act 1995.
This Act extends to England and Wales only.
Section 5. Chapter Short title Extent of repeal 7 Will. 4 & 1 Vict. c. 26. The Wills Act 1837. Section 18A(3). 15 & 16 Geo. 5 c. 23. The Administration of Estates Act 1925. Section 47(1)(iii). In section 49, in subsection (1) paragraphs (aa) and (a), and subsections (2) and (3). 15 & 16 Geo. 6 & 1 Eliz. 2 c. 64. The Intestates’ Estates Act 1952. Section 3(2). The repeal in the Wills Act 1837 has effect as respects a will made by a person dying on or after 1st January 1996 and the other repeals have effect as respects an intestate (within the meaning of section 1) dying on or after that date.