Intestates’ Estates Act 1952

3 Partial intestacies.E+W+S+N.I.

(1)As respects a person dying intestate after the commencement of this Act, section forty-nine of the principal Act (which contains modifications of the general rules of intestacy in cases of partial intestacy) shall have effect subject to the amendments set out in this section.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)At the end of the said section forty-nine there shall be added the following subsections:—

(2)References in the foregoing provisions of this section to beneficial interests acquired under a will shall be construed as including a reference to a beneficial interest acquired by virtue of the exercise by the will of a general power of appointment (including the statutory power to dispose of entailed interests), but not of a special power of appointment.

(3)For the purposes of paragraph (aa) in the foregoing provisions of this section the personal representative shall employ a duly qualified valuer in any case where such employment may be necessary.

(4)The references in subsection (3) of section forty-seven A of this Act to property are references to property comprised in the residuary estate and, accordingly, where a will of the deceased creates a life interest in property in possession, and the remaining interest in that property forms part of the residuary estate, the said references are references to that remaining interest (which, until the life interest determines, is property not in possession).

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Amendments (Textual)

F1S. 3(2) repealed (E.W.) (8.11.1995) by 1995 c. 41, s. 5, Sch. (with effect as mentioned in the Note to that Sch.)

Modifications etc. (not altering text)

C1The text of ss. 1(2)(4), 2(a)(b), 3(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.