Search Legislation

Family Provision Act 1966

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes over time for: Family Provision Act 1966

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Family Provision Act 1966. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. 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. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

E+W

Family Provision Act 1966

1966 CHAPTER 35

An Act to amend the law of England and Wales in relation to the rights after a person’s death of that person’s spouse or former spouse and children, and to repeal section 47(5) of the Administration of Estates Act 1925, as amended.

[17th November 1966]

1 Increase of net sum payable to surviving husband or wife on intestacy. E+W

(1)In the case of a person dying after the coming into force of this section, section 46(1) of the M1Administration of Estates Act 1925, as amended by section 1 of the M2Intestates’ Estates Act 1952 and set out in Schedule 1 to that Act, shall apply as if the net sums charged by paragraph (i) on the residuary estate in favour of a surviving husband or wife were as follows, that is to say,—

(a)under paragraph (2) of the Table (which charges a net sum of £5,000 where the intestate leaves issue) a sum of £8,750 or of such larger amount as may from time to time be fixed by order of the Lord Chancellor; and

(b)under paragraph (3) of the Table (which charges a net sum of £20,000 where the intestate leaves certain close relatives but no issue) a sum of £30,000 or of such larger amount as may from time to time be so fixed.

(2)Accordingly in relation to the estate of a person dying after the coming into force of this section sections 46, 48 and 49 (as so amended and set out) of the Administration of Estates Act shall be further amended as follows:—

(a)in the Table in section 46(1)(i) for the words “net sum of £5,000” in paragraph (2), and for the words “net sum of £20,000” in paragraph (3), there shall in each case be substituted the words “fixed net sum”, and at the end of the Table there shall be added—

“The fixed net sums referred to in paragraphs (2) and (3) of this Table shall be of the amounts provided by or under section 1 of the Family Provision Act 1966”;

(b)in sections 46(4) and 48(2)(a) for the words “the net sum of £5,000 or, as the case may be, £20,000”, and in section 49(1)(aa) for the words “the net sum of £5,000 or £20,000”, there shall in each case be substituted the words “the fixed net sum”;

and any reference in any other enactment to the said net sum of £5,000 or the said net sum of £20,000 shall have effect as a reference to the corresponding net sum of the amount fixed by or under this section.

(3)Any order of the Lord Chancellor under this section fixing the amount of either of the said net sums shall have effect (and, so far as relates to that sum, shall supersede any previous order) in relation to the estate of any person dying after the coming into force of the order.

(4)Any order of the Lord Chancellor under this section shall be made by statutory instrument, and a draft of the statutory instrument shall be laid before Parliament.

Annotations: Help about Annotation
Close

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. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C11.1.1967 appointed for the coming into force of s. 1 by S.I. 1966/1453

Marginal Citations

2—9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

Annotations: Help about Annotation
Close

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. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

10†Short title, repeal, etc.E+W

(1)This Act may be cited as the Family Provision Act 1966.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3)Nothing in this Act extends to Scotland or to Northern Ireland.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Annotations: Help about Annotation
Close

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. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C2Unreliable margin note.

F3F3SCHEDULES 1–3E+W

Annotations: Help about Annotation
Close

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. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources