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Family Provision Act 1966

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This is the original version (as it was originally enacted).

7Extension to county court of jurisdiction under Inheritance (Family Provision) Act 1938 and s. 26 of Matrimonial Causes Act 1965

(1)A county court shall have all the jurisdiction of the High Court to hear and determine any proceedings for an order (or for permission to apply for an order) under section 1 of the Inheritance (Family Provision) Act 1938 or under section 26 of the Matrimonial Causes Act 1965, where it is shown to the satisfaction of the court that the value of the deceased's net estate as it is to be determined for purposes of the relief sought does not exceed the sum of £5,000 or such larger sum as may from time to time be fixed for this purpose by order of the Lord Chancellor.

(2)Where a county court makes an order in relation to a person's estate under section 1 of the Inheritance (Family Provision) Act 1938 or under section 26 of the Matrimonial Causes Act 1965, the court shall have all the jurisdiction of the High Court for the purpose of any further proceedings under section 4 or section 27, as the case may be, of the same Act.

(3)Where there are commenced in the High Court any such proceedings as are referred to in subsection (1) above, and it appears to the court that the value of the deceased's net estate is such as would give jurisdiction in the matter to a county court if proceedings were commenced there, the court may, if it thinks fit, whether upon the application of any party to the proceedings or otherwise, order that the proceedings be transferred to any county court which the court may deem the most convenient.

(4)Accordingly in the Inheritance (Family Provision) Act 1938, as amended by Schedule 3 to the Intestates' Estates Act 1952, there shall be inserted in section 5(1), in the definition of

the court,

after the word " Durham " the words " or a county court " (and in section 3(3) for the words " An office copy " there shall be substituted the words

A copy); and in the Matrimonial Causes Act 1965 there shall be inserted in section 26(6) as the first of the definitions there set out the definition—

(5)Any order of the Lord Chancellor under subsection (1) above shall be made by statutory instrument, and a draft of the statutory instrument shall be laid before Parliament; and—

(a)in relation to proceedings commenced in a county court before the coming into force of any such order the court may, if it thinks fit, refuse to make an order under section 66 of the County Courts Act 1959 (transfer to High Court of proceedings outside jurisdiction of county court), if the proceedings are within the jurisdiction of the county court as extended by the order of the Lord Chancellor; but

(b)the coming into force of any such order of the Lord Chancellor shall not be taken to affect any order previously made under section 66.

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