/Family law revision notes pdf

Family law revision notes pdf

Please forward this error screen to 193. Act 1975 is up to date with all changes known to be in force on family law revision notes pdf before 08 April 2018. There are changes that may be brought into force at a future date.

Changes that have been made appear in the content and are referenced with annotations. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Application for financial provision from deceased’s estate. 2 of this Act on the ground that the disposition of the deceased’s estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant. Powers of court to make orders.

Matters to which court is to have regard in exercising powers under s. In considering the matters to which the court is required to have regard under this section, the court shall take into account the facts as known to the court at the date of the hearing. In considering the financial resources of any person for the purposes of this section the court shall take into account his earning capacity and in considering the financial needs of any person for the purposes of this section the court shall take into account his financial obligations and responsibilities. 2 of this Act shall apply in relation to an order under this section as they apply in relation to an order under that section. In determining what order, if any, should be made under this section the court shall, so far as the urgency of the case admits, have regard to the same matters as those to which the court is required to have regard under section 3 of this Act. An order made under section 2 of this Act may provide that any sum paid to the applicant by virtue of this section shall be treated to such an extent and in such manner as may be provided by that order as having been paid on account of any payment provided for by that order. Any reference in this section to the original order shall include a reference to an order made under this section and any reference in this section to the original recipient shall include a reference to any person to whom periodical payments are required to be made by virtue of an order under this section.

In exercising the powers conferred by this section the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order to which the application relates. Where the court makes an order under this section, it may give such consequential directions as it thinks necessary or expedient having regard to the provisions of the order. 9, 10 or 11 of this Act shall be made on an application under this section. Payment of lump sums by instalments. Act for the payment of a lump sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.

The amount of capital transfer tax to be deducted for the purposes of this section shall not exceed the amount of that tax which has been borne by the person nominated by the deceased or, as the case may be, the person who has received a sum of money or other property as a donatio mortis causa. Property held on a joint tenancy. For the avoidance of doubt it is hereby declared that for the purposes of this section there may be a joint tenancy of a chose in action. Dispositions intended to defeat applications for financial provision. In determining whether and in what manner to exercise its powers under this section, the court shall have regard to the circumstances in which any disposition was made and any valuable consideration which was given therefor, the relationship, if any, of the donee to the deceased, the conduct and financial resources of the donee and all the other circumstances of the case.

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The provisions of this section do not apply to any disposition made before the commencement of this Act. Contracts to leave property by will. Where an application is made to a court for an order under section 2 of this Act, the applicant may, in the proceedings on that application, apply to the court for an order under this section. In determining whether and in what manner to exercise its powers under this section, the court shall have regard to the circumstances in which the contract was made, the relationship, if any, of the donee to the deceased, the conduct and financial resources of the donee and all the other circumstances of the case. Act and shall survive to such extent only as is consistent with giving effect to the terms of that order. The provisions of this section do not apply to a contract made before the commencement of this Act. Provisions as to trustees in relation to ss.

Where any such application is made in respect of a disposition made to any person as a trustee or in respect of any payment made or property transferred in pursuance of a contract to any person as a trustee, the trustee shall not be liable for having distributed any money or other property on the ground that he ought to have taken into account the possibility that such an application would be made. Special provisions relating to cases of divorce, separation etc. Provision as to cases where no financial relief was granted in divorce proceedings etc. 2 of this Act is made by that other party, the court shall, notwithstanding anything in section 1 or section 3 of this Act, have power, if it thinks it just to do so, to treat that party for the purposes of that application as if the decree of divorce or nullity of marriage had not been made absolute or the decree of judicial separation had not been granted, as the case may be.