SCHEDULES
SCHEDULE 3Determination of date when representation is first taken out
I14
1
Schedule 1 to the Children Act 1989 (financial provision for children) is amended as follows.
2
In paragraph 7 (variation of orders for secured periodical payments after death of parent), for sub-paragraph (6) substitute—
6
The following are to be left out of account when considering for the purposes of sub-paragraph (2) 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 (6A)).
6A
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.
3
In paragraph 11 (alteration of maintenance agreements after death of one of the parties), for sub-paragraph (4) substitute—
4
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 (4A)).
4A
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 (4), but is to be taken as dated on the date of sealing.