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The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

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Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979

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137.—(1) Article 4 of the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979(1) (powers of court to make orders) is amended as follows.

(2) In paragraph (5)(a), for the words from “either” to “jointly” substitute—

“—

(i)issue of the deceased and the surviving spouse,

(ii)children adopted by the deceased and the surviving spouse jointly,

(iii)issue of the deceased and adopted by the surviving spouse, or

(iv)adopted by the deceased and the issue of the surviving spouse”.

(3) After paragraph (5) insert—

“(6) Where—

(a)the deceased is survived by a civil partner (“the surviving civil partner”) and is also survived by children who are—

(i)issue of the deceased and the surviving civil partner,

(ii)children adopted by the deceased and the surviving civil partner jointly,

(iii)issue of the deceased and adopted by the surviving civil partner, or

(iv)adopted by the deceased and the issue of the surviving civil partner; and

(b)the surviving civil partner becomes entitled under the deceased’s will or the law relating to intestacy, or a combination of the deceased’s will and that law, to the net estate of the deceased or to an interest in the estate which amounts to a reasonable financial provision for both the surviving civil partner and the children,

the court shall not make an order under this Article on the application of any of the children who is a minor.”

(4) The amendments made by paragraphs (2) and (3) apply only in relation to deaths occurring on or after 13th January 2020.

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