Law Reform (Miscellaneous Provisions) Act 1996

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AT 5 of 1996

LAW REFORM (MISCELLANEOUS

PROVISIONS) ACT 1996

Law Reform (Miscellaneous Provisions) Act 1996 Index


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LAW REFORM (MISCELLANEOUS PROVISIONS) ACT

1996

Index Section Page

POWERS OF ATTORNEY 5

1 [Inserts section 8A in the Powers of Attorney Act 1983.] ............................................. 5
2 Delegation of powers by trustees ................................................................................. 5
3 Effect of divorce etc. on will .......................................................................................... 6
4 ...... ..................................................................................................................................... 6
5 ........................................................................................................................................... 6
CHARGE OVER DEBTS ETC. 6

6 Charge over debts etc ..................................................................................................... 6
SUPPLEMENTAL 7

7 Short title and commencement ..................................................................................... 7
ENDNOTES 9

TABLE OF LEGISLATION HISTORY 9
TABLE OF RENUMBERED PROVISIONS 9
TABLE OF ENDNOTE REFERENCES 9

Law Reform (Miscellaneous Provisions) Act 1996 Section 1


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LAW REFORM (MISCELLANEOUS PROVISIONS) ACT

1996

Received Royal Assent: 16 April 1996
Passed: 16 April 1996
Commenced 1 July 1996
AN ACT
to amend the law relating to the form of powers of attorney and the
delegation and exercise of certain functions by power of attorney; to amend the
law relating to the distribution of estates of deceased persons; to make
provision about the effect of the dissolution or annulment of marriage on wills
and appointments of guardians; and to make further provision for charging
certain assets to secure liabilities.
POWERS OF ATTORNEY

1 [Inserts section 8A in the Powers of Attorney Act 1983.]

2 Delegation of powers by trustees

(1) [Substitutes section 24 of the Trustee Act 1961.]
(2) (a) [Repeals section 7 of the Powers of Attorney Act 1983.]
(b) [Amends sections 2 and 3 of the Powers of Attorney Act 1987.]
(3) Subject to subsection (4), nothing in subsections (1) and (2) applies in the
case of a power of attorney created before the 1st July 1996.
(4) Section 3(3) of the Powers of Attorney Act 1987 continues to apply to an
enduring power of attorney created before the 1st July 1996 —
(a) where an application is made before that date, or within one year
thereafter, for the registration under section 6 of that Act of the
instrument creating the power —
(i) if the instrument is registered pursuant to the application
(whether before that date or within or after that year), until
the registration of the instrument is cancelled under section
8(4) of that Act;
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(ii) if the application is finally refused during or after that
year, when the application is finally refused;
(b) in any other case, until the 1st July 1997.
(5) For the purpose of subsection (4)(a), an application is finally refused
when —
(a) the application is withdrawn;
(b) any appeal is abandoned; or
(c) proceedings on the application (including any proceedings on or
in consequence of an appeal) have been determined and any time
for appealing or further appealing has expired.
Wills, intestacy etc.
3 Effect of divorce etc. on will

(1) [Amends section 8 of the Wills Act 1985.]
(2) [Repeals section 10 of the Recognition of Divorces etc. Act 1987.]
(3) Subsections (1) and (2) have effect as respects a will made by a person
dying on or after the 1st July 1996 (regardless of the date of the will and
the date of the dissolution or annulment of the marriage).
4 {Repealed].
1

5 [Amends the Administration of Estates Act 1990]

(1) and (2) [Amend sections 52 and 59 respectively of the Administration of
Estates Act 1990.]
(2) [Amends Schedule 2 to the Administration of Estates Act 1990.]
CHARGE OVER DEBTS ETC.

6 Charge over debts etc

(1) Where one person ('the creditor') has an interest in a debt or other chose
in action which he is or may be entitled to enforce against another person
('the debtor'), the creditor may create in favour of the debtor a legal or
equitable charge over all or any of that interest.
(2) Such a charge shall neither operate to extinguish or release (wholly or in
part), nor merge with, the interest thereby charged.
(3) This section operates to validate transactions falling within subsection (1)
and effected before the 1st July 1996, as well as those effected on or after
that date.
Law Reform (Miscellaneous Provisions) Act 1996 Section 7


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SUPPLEMENTAL

7 Short title and commencement

This Act may be cited as the Law Reform (Miscellaneous Provisions) Act 1996
and shall come into operation on the 1st July 1996.
Law Reform (Miscellaneous Provisions) Act 1996 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 4 repealed by Children and Young Persons Act 2001 Sch 13.