Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)

Miscellaneous and supplementary provisions E+W

[F1 23 Determination of date on which representation was first taken out E+W

(1) The following are to be left out of account when considering for the purposes of this Act when representation with respect to the estate of a deceased person was first taken out—

(a) a grant limited to settled land or to trust property,

(b) any other grant that does not permit any of the estate to be distributed,

(c) a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,

(d) a grant, or its equivalent, made outside the United Kingdom (but see subsection (2) below).

(2) A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of this section, but is to be taken as dated on the date of sealing.]

Textual Amendments

F1 S. 23 substituted (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 3 para. 2 (with s. 12(4)); S.I. 2014/2039, art. 2