Variation of secured periodical payments order where person liable has diedE+W
60(1)This paragraph applies if the person liable to make payments under a secured periodical payments order has died.E+W
(2)Subject to sub-paragraph (3), an application under this Part relating to the order (and to any sale of property order which requires the proceeds of sale of property to be used for securing those payments) may be made by—
(a)the person entitled to payments under the periodical payments order, or
(b)the personal representatives of the deceased person.
(3)No such application may be made without the leave of the court after the end of 6 months from the date on which representation in regard to the estate of that person is first taken out.
(4)The personal representatives of the person who has died are not liable for having distributed any part of the estate of the deceased after the end of the 6 month period on the ground that they ought to have taken into account the possibility that the court might allow an application under this paragraph to be made after that period by the person entitled to payments under the order.
(5)Sub-paragraph (4) does not affect any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph.
[F1(6)The following are to be left out of account when considering for the purposes of sub-paragraph (3) when representation 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 sub-paragraph (7)).
(7)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 sub-paragraph (6), but is to be taken as dated on the date of sealing.]
Textual Amendments
F1Sch. 5 para. 60(6)(7) substituted for Sch. 5 para. 60(6) (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 3 para. 5 (with s. 12(4)); S.I. 2014/2039, art. 2