Inheritance (Provision for Family and Dependants) Act 1982c i e
AT 8 of 1982

INHERITANCE (PROVISION FOR FAMILY

AND DEPENDANTS) ACT 1982

Inheritance (Provision for Family and Dependants) Act 1982 Index


c AT 8 of 1982 Page 3

c i e
INHERITANCE (PROVISION FOR FAMILY AND

DEPENDANTS) ACT 1982

Index Section Page

1 Application for final provision from deceased’s estate ............................................. 5
2 Powers of court to make orders .................................................................................... 7
3 Matters to which court is to have regard in exercising powers under s 2 .............. 8
4 Time-limit for applications .......................................................................................... 10
5 Interim orders ................................................................................................................ 11
6 Variation, discharge etc of orders for periodical payments .................................... 11
7 Payment of lump sums by instalments ..................................................................... 13
Property available for financial provision 14

8 Property treated as part of “net estate” ..................................................................... 14
9 Property held on a joint tenancy ................................................................................. 14
Powers of court in relation to transactions intended to defeat

applications for financial provision 15

10 Dispositions intended to defeat applications for financial provision ................... 15
11 Contracts to leave property by will ............................................................................ 17
12 Provisions supplementary to ss 10 and 11 ................................................................ 18
13 Provisions as to trustees in relation to ss 10 and 11 ................................................. 19
Special provisions relating to cases of divorce, separation etc. 20

14 Provision as to cases where no financial relief was granted in divorce
proceedings etc .............................................................................................................. 20
14A Provision as to cases where no financial relief was granted in proceedings
for the dissolution etc. of a civil partnership ............................................................ 21
15 Restriction imposed in divorce proceedings etc on application under this
Act ................................................................................................................................... 21
15A Restriction imposed in proceedings under Matrimonial Proceedings Act
1986 on application under this Act ............................................................................. 22
15B Restriction imposed in proceedings under Schedule 7 to the Civil
Partnership Act 2011 on application under this Act .................................................. 23
16 Variation and discharge of secured periodical payments orders made
under the Matrimonial Proceedings Act 2001 .............................................................. 23
17 Variation and revocation of maintenance agreements ............................................ 24
Index Inheritance (Provision for Family and Dependants) Act 1982


Page 4 AT 8 of 1982 c

18 Availability of court’s powers under this Act in applications under ss 19
and 26 of the Matrimonial Proceedings Act 2003 ........................................................ 25
18A Availability of court’s powers under this Act in applications under
paragraphs 51 and 64 of Schedule 5 to the Civil Partnership Act 2011................... 25
Miscellaneous and supplementary provisions 26

19 Effect, duration and form of orders ........................................................................... 26
20 Provisions as to personal representatives ................................................................. 27
21 [Repealed] ...................................................................................................................... 28
22 Determination of date on which representation was first taken out .................... 28
23 [Repealed] ...................................................................................................................... 28
24 Interpretation ................................................................................................................ 28
25 Repeals and transitional provisions .......................................................................... 31
26 Short title and commencement ................................................................................... 31
SCHEDULE 33

ENDNOTES 35

TABLE OF LEGISLATION HISTORY 35
TABLE OF RENUMBERED PROVISIONS 35
TABLE OF ENDNOTE REFERENCES 35

Inheritance (Provision for Family and Dependants) Act 1982 Section 1


c AT 8 of 1982 Page 5

c i e
INHERITANCE (PROVISION FOR FAMILY AND

DEPENDANTS) ACT 1982

Received Royal Assent: 20 August 1982
Passed: 19 October 1982
Commenced: 1 April 1983
AN ACT
to make fresh provision for empowering the court to make orders for
the making out of the estate of a deceased person of provision for the spouse,
former spouse, child, child of the family or dependant of that person; and for
matters connected therewith.
1 Application for final provision from deceased’s estate

[P1975/63/1]
(1) Where after the commencement of this Act a person dies domiciled in the
Island and is survived by any of the following persons —
(a) the spouse or civil partner of the deceased;1

(b) a former spouse or former civil partner of the deceased, but not
one who has subsequently married or subsequently formed a civil
partnership;2

(ba) any person (not being a person included in paragraph (a) or (b))
to whom subsection (1A) or (1B) applies;3

(c) a child of the deceased;
(d) any person (not being a child of the deceased) who, in the case of
any marriage or civil partnership to which the deceased was at
any time a party, was treated by the deceased as a child of the
family in relation to that marriage or civil partnership;4

(e) any person (not being a person included in the foregoing
paragraphs) who immediately before the death of the deceased
was being maintained, either wholly or partly, by the deceased;
that person may apply to the High Court for an order under section 2 (in
this Act called a “family provision order”) on the ground that the
disposition of the deceased’s estate effected by his will, or the law
Section 1 Inheritance (Provision for Family and Dependants) Act 1982


Page 6 AT 8 of 1982 c

relating to intestacy, or the combination of his will and that law, is not
such as to make reasonable financial provision for the applicant.
(1A) This subsection applies to a person if for the whole of the period of two
years ending immediately before the date when the deceased died, the
person was living —
(a) in the same household as the deceased, and
(b) as the husband or wife of the deceased.5

(1B) This subsection applies to a person if for the whole of the period of two
years ending immediately before the date when the deceased died the
person was living —
(a) in the same household as the deceased, and
(b) as the civil partner of the deceased.6

(2) In this Act “reasonable financial provision” —
(a) in the case of an application made by virtue of subsection (1)(a) by
the husband or wife of the deceased (except where the marriage
with the deceased was the subject of a decree of judicial
separation and at the date of death the decree was in force and the
separation was continuing), means such financial provision as it
would be reasonable in all the circumstances of the case for a
husband or wife to receive, whether or not that provision is
required for his or her maintenance;
(aa) in the case of an application made by virtue of subsection (1)(a) by
the civil partner of the deceased (except where, at the date of
death, a separation order under Chapter 2 of Part 2 of the Civil
Partnership Act 2011 was in operation in relation to the civil
partnership and the separation was continuing), means such
financial provision as it would be reasonable in all the
circumstances of the case for a civil partner to receive, whether or
not that provision is required for his or her maintenance;7

(b) in the case of any other application made by virtue of
subsection (1), means such financial provision as it would be
reasonable in all the circumstances of the case for the applicant to
receive for his maintenance.
(3) For the purposes of subsection (1)(e), a person shall be treated as being
maintained by the deceased, either wholly or partly, as the case may be,
if the deceased, otherwise than for full valuable consideration, was
making a substantial contribution in money or money’s worth towards
the reasonable needs of that person.
Inheritance (Provision for Family and Dependants) Act 1982 Section 2


c AT 8 of 1982 Page 7

2 Powers of court to make orders

[P1975/63/2]
(1) Subject to the provisions of this Act, where an application is made for a
family provision order, the court may, if it is satisfied that the disposition
of the deceased’s estate effected by his will or the law relating to
intestacy, or the combination of his will and that law, is not such as to
make reasonable financial provision for the applicant, make any one or
more of the following orders —
(a) an order for the making to the applicant out of the net estate of the
deceased of such periodical payments and for such term as may
be specified in the order;
(b) an order for the payment to the applicant out of that estate of a
lump sum of such amount as may be so specified;
(c) an order for the transfer to the applicant of such property
comprised in that estate as may be so specified;
(d) an order for the settlement for the benefit of the applicant of such
property comprised in that estate as may be so specified;
(e) an order for the acquisition out of property comprised in that
estate of such property as may be so specified and for the transfer
of the property so acquired to the applicant or for the settlement
thereof for his benefit;
(f) an order varying any ante-nuptial or post-nuptial settlement
(including such a settlement made by will) made on the parties to
a marriage to which the deceased was one of the parties, the
variation being for the benefit of the surviving party to that
marriage, or any child of that marriage, or any person who was
treated by the deceased as a child of the family in relation to that
marriage;
(g) an order varying any settlement made —
(i) during the subsistence of a civil partnership formed by the
deceased, or
(ii) in anticipation of the formation of a civil partnership by the
deceased,
on the civil partners (including such a settlement made by will),
the variation being for the benefit of the surviving civil partner, or
any child of both the civil partners, or any person who was
treated by the deceased as a child of the family in relation to that
civil partnership.8

(2) An order under subsection (1)(a) providing for the making out of the net
estate of the deceased of periodical payments may provide for —
(a) payments of such amount as may be specified in the order,
Section 3 Inheritance (Provision for Family and Dependants) Act 1982


Page 8 AT 8 of 1982 c

(b) payments equal to the whole of the income of the net estate or of
such portion thereof as may be so specified,
(c) payments equal to the whole of the income of such part of the net
estate as the court may direct to be set aside or appropriated for
the making out of the income thereof of payments under this
section,
or may provide for the amount of the payments or any of them to be
determined in any other way the court thinks fit.
(3) Where an order under subsection (1)(a) provides for the making of
payments of an amount specified in the order, the order may direct that
such part of the net estate as may be so specified shall be set aside or
appropriated for the making out of the income thereof of those
payments; but no larger part of the net estate shall be so set aside or
appropriated than is sufficient, at the date of the order, to produce by the
income thereof the amount required for the making of those payments.
(4) A family provision order may contain such consequential and
supplemental provisions as the court thinks necessary or expedient for
the purpose of giving effect to the order or for the purpose of securing
that the order operates fairly as between one beneficiary of the estate of
the deceased and another and may, in particular, but without prejudice
to the generality of this subsection —
(a) order any person who holds any property which forms part of the
net estate of the deceased to make such payment or transfer such
property as may be specified in the order;
(b) vary the disposition of the deceased’s estate effected by the will or
the law relating to intestacy, or by both the will and the law
relating to intestacy, in such manner as the court thinks fair and
reasonable having regard to the provisions of the order and all the
circumstances of the case;
(c) confer on the trustees of any property which is the subject of an
order under this section such powers as appear to the court to be
necessary or expedient.
3 Matters to which court is to have regard in exercising powers under s 2

[P1975/63/3]
(1) Where an application is made for a family provision order, the court
shall, in determining whether the disposition of the deceased’s estate
effected by his will or the law relating to intestacy, or the combination of
his will and that law, is such as to make reasonable financial provision
for the applicant and, if the court considers that reasonable financial
provision has not been made, in determining whether and in what
manner it shall exercise its powers under section 2, have regard to the
following matters —
Inheritance (Provision for Family and Dependants) Act 1982 Section 3


c AT 8 of 1982 Page 9

(a) the financial resources and financial needs which the applicant
has or is likely to have in the foreseeable future;
(b) the financial resources and financial needs which any other
applicant for a family provision order has or is likely to have in
the foreseeable future;
(c) the financial needs which any beneficiary of the estate of the
deceased has or is likely to have in the foreseeable future;
(d) any obligations and responsibilities which the deceased had
towards any applicant for a family provision order or towards
any beneficiary of the estate of the deceased;
(e) the size and nature of the net estate of the deceased;
(f) any physical or mental disability of any applicant for a family
provision order or any beneficiary of the estate of the deceased;
(g) any other matter, including the conduct of the applicant or any
other person, which in the circumstances of the case the court may
consider relevant.
(2) This subsection applies where an application for an order under section 2
of this Act is made by virtue of section 1(1)(a) or (b) of this Act.
The court shall, in addition to the matters specifically mentioned in
paragraphs (a) to (f) of that subsection, have regard to —
(a) the age of the applicant and the duration of the marriage or civil
partnership;
(b) the contribution made by the applicant to the welfare of the
family of the deceased, including any contribution made by
looking after the home or caring for the family.
In the case of an application by the spouse of the deceased, the court
shall also, unless at the date of death a decree of judicial separation was
in force and the separation was continuing, have regard to the provision
which the applicant might reasonably have expected to receive if on the
day on which the deceased died, the marriage instead of being
terminated by death had been terminated by a decree of divorce.
In the case of an application by the civil partner of the deceased, the
court shall also, unless at the date of the death a separation order under
Chapter 2 of Part 2 of the Civil Partnership Act 2011 was in operation and
the separation was continuing, have regard to the provision which the
applicant might reasonably have expected to receive if on the day on
which the deceased died the civil partnership, instead of being
terminated by death, had been terminated by a dissolution order.9

(2A) Where an application for an order under section 2 is made by virtue of
section 1(1)(ba), the court shall, in addition to the matters specifically
mentioned in subsection (1)(a) to (f), have regard to —
Section 4 Inheritance (Provision for Family and Dependants) Act 1982


Page 10 AT 8 of 1982 c

(a) the age of the applicant and the length of the period during which
the applicant lived as the husband or wife or civil partner of the
deceased and in the same household as the deceased;
(b) the contribution made by the applicant to the welfare of the
family of the deceased, including any contribution made by
looking after the home or caring for the family.10

(3) Where an application for a family provision order is made by virtue of
section l(1)(c) or l(l)(d), the court shall, in addition to the matters
specifically mentioned in paragraphs (a) to (f) of that subsection, have
regard to the manner in which the applicant was being or in which he
might expect to be educated or trained, and where the application is
made by virtue of section l(l)(d) the court shall also have regard —
(a) to whether the deceased had assumed any responsibility for the
applicant’s maintenance and, if so, to the extent to which and the
basis upon which the deceased assumed that responsibility and to
the length of time for which the deceased discharged that
responsibility;
(b) to whether in assuming and discharging that responsibility the
deceased did so knowing that the applicant was not his own
child;
(c) to the liability of any other person to maintain the applicant.11

(4) Where an application for a family provision order is made by virtue of
section 1(l)(e), the court shall, in addition to the matters specifically
mentioned in paragraphs (a) to (f) of that subsection, have regard to the
extent to which and the basis upon which the deceased assumed
responsibility for the maintenance of the applicant and to the length of
time for which the deceased discharged that responsibility.12

(4A) Nothing in subsections (2) to (4) limits the operation of
subsection (1)(g).13

(5) In considering the matters to which the court is required to have regard
under this section, the court shall take into account the facts as known to
the court at the date of the hearing.
(6) In considering the financial resources of any person for the purposes of
this section the court shall take into account his earning capacity and in
considering the financial needs of any person for the purposes of this
section the court shall take into account his financial obligations and
responsibilities.
4 Time-limit for applications

[P1975/63/4]
An application for a family provision order shall not, except with the
permission of the court, be made after the end of the period of 6 months from
Inheritance (Provision for Family and Dependants) Act 1982 Section 5


c AT 8 of 1982 Page 11

the date on which representation with respect to the estate of the deceased is
first taken out.
5 Interim orders

[P1975/63/5]
(1) Where on an application for a family provision order it appears to the
court —
(a) that the applicant is in immediate need of financial assistance, but
it is not yet possible to determine what order (if any) should be
made under section 2; and
(b) that property forming part of the net estate of the deceased is or
can be made available to meet the need of the applicant;
the court may make an interim order that, subject to such conditions or
restrictions, if any, as the court may impose and to any further order of
the court, there shall be paid to the applicant out of the net estate of the
deceased such sum or sums and (if more than one) at such intervals as
the court thinks reasonable; and the court may order that, subject to the
provisions of this Act, such payments are to be made until such date as
the court may specify, not being later than the date on which the court
either makes a family provision order or decides not to make such an
order.
(2) Subsections (2),(3) and (4) of section 2 shall apply in relation to an
interim order as they apply in relation to a family provision order.
(3) In determining what interim order, if any, should be made, the court
shall, so far as the urgency of the case admits, have regard to the same
matters as those to which the court is required to have regard under
section 3.
(4) A family provision order may provide that any sum paid to the applicant
by virtue of an interim order shall be treated to such an extent and in
such manner as may be provided by the family provision order as
having been paid on account of any payment provided for by that order.
6 Variation, discharge etc of orders for periodical payments

[P1975/63/6]
(1) Subject to the provisions of this Act, where the court has made a family
provision order under section 2(l)(a) (in this section referred to as “the
original order”) for the making of periodical payments to any person (in
this section referred to as “the original recipient”), the court, on an
application under this section, shall have power by order to vary or
discharge the original order or to suspend any provision of it temporarily
and to revive the operation of any provision so suspended.
Section 6 Inheritance (Provision for Family and Dependants) Act 1982


Page 12 AT 8 of 1982 c

(2) Without prejudice to the generality of subsection (1), an order made on
an application for the variation of the original order may —
(a) provide for the making out of any relevant property of such
periodical payments and for such term as may be specified in the
order to any person who has applied, or would but for section 4
be entitled to apply, for a family provision order (whether or not,
in the case of any application, an order was made in favour of the
applicant);
(b) provide for the payment out of any relevant property of a lump
sum of such amount as may be so specified to the original
recipient or to any such person as is mentioned in paragraph (a);
(c) provide for the transfer of the relevant property, or such part
thereof as may be so specified, to the original recipient or to any
such person as is so mentioned.
(3) Where the original order provides that any periodical payments payable
thereunder to the original recipient are to cease on the occurrence of an
event specified in the order (other than the formation of a subsequent
marriage or civil partnership by a former spouse or former civil partner)
or on the expiration of a period so specified, then, if, before the end of the
period of 6 months from the date of the occurrence of that event or of the
expiration of that period, an application is made for an order under this
section, the court shall have power to make any order which it would
have had power to make if the application had been made before that
date (whether in favour of the original recipient or any such person as is
mentioned in subsection (2)(a) and whether having effect from that date
or from such later date as the court may specify).14

(4) Any reference in this section to the original order shall include a
reference to an order made under this section and any reference in this
section to the original recipient shall include a reference to any person to
whom periodical payments are required to be made by virtue of an order
under this section.
(5) An application under this section may be made by any of the following
persons, that is to say —
(a) any person who by virtue of section l(l) has applied, or would but
for section 4 be entitled to apply, for a family provision order,
(b) the personal representatives of the deceased,
(c) the trustees of any relevant property, and
(d) any beneficiary of the estate of the deceased.
(6) An order under this section may only affect —
(a) property the income of which is at the date of the order applicable
wholly or in part for the making of periodical payments to any
person who has applied for an order under this Act, or
Inheritance (Provision for Family and Dependants) Act 1982 Section 7


c AT 8 of 1982 Page 13

(b) in the case of an application under subsection (3) in respect of
payments which have ceased to be payable on the occurrence of
an event or the expiration of a period, property the income of
which was so applicable immediately before the occurrence of
that event or the expiration of that period, as the case may be,
and any such property as is mentioned in paragraph (a) or (b) is in
subsections (2) and (5) referred to as “relevant property”.
(7) In exercising the powers conferred by this section the court shall have
regard to all the circumstances of the case, including any change in any
of the matters to which the court was required to have regard when
making the order to which the application relates.
(8) Where the court makes an order under this section, it may give such
consequential directions as it thinks necessary or expedient having
regard to the provisions of the order.
(9) No such order as is mentioned in sections 2(l)(d), (e) or (f), 9, 10 or 11
shall be made on an application under this section.
(10) For the avoidance of doubt it is hereby declared that, in relation to an
order which provides for the making of periodical payments which are
to cease on the occurrence of an event specified in the order (other than
the formation of a subsequent marriage or civil partnership by a former
spouse or former civil partner) or on the expiration of a period so
specified, the power to vary an order includes power to provide for the
making of periodical payments after the expiration of that period or the
occurrence of that event.15

7 Payment of lump sums by instalments

[P1975/63/7]
(1) An order under section 2(l)(b) for the payment of a lump sum may
provide for the payment of that sum by instalments of such amount as
may be specified in the order.
(2) Where an order is made by virtue of subsection (1), the court shall have
power, on an application made by the person to whom the lump sum is
payable, by the personal representatives of the deceased or by the
trustees of the property out of which the lump sum is payable, to vary
that order by varying the number of instalments payable, the amount of
any instalment and the date on which any instalment becomes payable.
Section 8 Inheritance (Provision for Family and Dependants) Act 1982


Page 14 AT 8 of 1982 c

Property available for financial provision
8 Property treated as part of “net estate”

[P1975/63/8]
(1) Where a deceased person has in accordance with the provisions of any
enactment nominated any person to receive any sum of money or other
property on his death and that nomination is in force at the time of his
death, that sum of money, or that other property, to the extent of the
value thereof at the date of the death of the deceased, shall be treated for
the purposes of this Act as part of the net estate of the deceased; but this
subsection shall not render any person liable for having paid that sum or
transferred that other property to the person named in the nomination in
accordance with the directions given in the nomination.
(2) Where any sum of money or other property is received by any person as
a donatio mortis causa made by a deceased person, that sum of money, or
that other property, to the extent of the value thereof at the date of the
death of the deceased, shall be treated for the purposes of this Act as part
of the net estate of the deceased; but this subsection shall not render any
person liable for having paid that sum or transferred that other property
in order to give effect to that donatio mortis causa.
(3) Before any sum of money or other property mentioned in this section is
treated for the purposes of this Act as part of the net estate of the
deceased any taxation payable in respect thereof shall be deducted
therefrom.
(4) The amount of taxation to be deducted for the purposes of this section
shall not exceed the amount of that tax which has been borne by the
person nominated by the deceased or, as the case may be, the person
who has received a sum of money or other property as a donatio mortis
causa.
9 Property held on a joint tenancy

[P1975/63/9]
(1) Where a deceased person was immediately before his death beneficially
entitled to a joint tenancy of any property, then, if, before the end of the
period of 6 months from the date on which representation with respect to
the estate of the deceased was first taken out, an application is made for a
family provision order, the court for the purpose of facilitating the
making of financial provision for the applicant under this Act may order
that the deceased’s severable share of that property, at the value thereof
immediately before his death, shall, to such extent as appears to the court
to be just in all the circumstances of the case, be treated for the purposes
of this Act as part of the net estate of the deceased.
Inheritance (Provision for Family and Dependants) Act 1982 Section 10


c AT 8 of 1982 Page 15

(2) In determining the extent to which any severable share is to be treated as
part of the net estate of the deceased by virtue of an order under
subsection (1), the court shall have regard to any taxation payable in
respect of that severable share.
(3) Where an order is made under subsection (1), the provisions of this
section shall not render any person liable for anything done by him
before the order was made.
(4) For the avoidance of doubt it is hereby declared that for the purposes of
this section there may be a joint tenancy of a chose in action.
Powers of court in relation to transactions intended to defeat applications for financial
provision
10 Dispositions intended to defeat applications for financial provision

[P1975/63/10]
(1) Where an application is made to the court for a family provision order,
the applicant may, in the proceedings on that application, apply to the
court for an order under subsection (2).
(2) Where on an application under subsection (1) the court is satisfied —
(a) that, less than 6 years before the date of the death of the deceased,
the deceased with the intention of defeating an application for
financial provision under this Act made a disposition, and
(b) that full valuable consideration for that disposition was not given
by the person to whom or for the benefit of whom the disposition
was made (in this section referred to as “the donee”) or by any
other person, and
(c) that the exercise of powers conferred by this section would
facilitate the making of financial provision for the applicant under
this Act,
then, subject to the provisions of this section and of sections 12 and 13,
the court may order the donee (whether or not at the date of the order he
holds any interest in the property disposed of to him or for his benefit by
the deceased) to provide, for the purpose of the making of that financial
provision, such sum of money or other property as may be specified in
the order.
(3) Where an order is made under subsection (2) as respects any disposition
made by the deceased which consisted of the payment of money to or for
the benefit of the donee, the amount of any sum of money or the value of
any property ordered to be provided under that subsection shall not
exceed the amount of the payment made by the deceased after deducting
therefrom any taxation borne by the donee in respect of that payment.
Section 10 Inheritance (Provision for Family and Dependants) Act 1982


Page 16 AT 8 of 1982 c

(4) Where an order is made under subsection (2) as respects any disposition
made by the deceased which consisted of the transfer of property (other
than a sum of money) to or for the benefit of the donee, the amount of
any sum of money or the value of any property ordered to be provided
under that subsection shall not exceed the value at the date of the death
of the deceased of the property disposed by him to or for the benefit of
the donee (or if that property has been disposed of by the person to
whom it was transferred by the deceased, the value at the date of that
disposal thereof) after deducting therefrom any taxation borne by the
donee in respect of the transfer of that property by the deceased.
(5) Where an application (in this subsection referred to as “the original
application”) is made for an order under subsection (2) in relation to any
disposition, then, if on an application under this subsection by the donee
or by any applicant for a family provision order the court is satisfied —
(a) that, less than 6 years before the date of the death of the deceased,
the deceased with the intention of defeating an application for
financial provision under this Act made a disposition other than
the disposition which is the subject of the original application, and
(b) that full valuable consideration for that other disposition was not
given by the person to whom or for the benefit of whom that
other disposition was made or by any other person,
the court may exercise in relation to the person to whom or for the
benefit of whom that other disposition was made the powers which the
court would have had under subsection (2) if the original application had
been made in respect of that other disposition and the court had been
satisfied as to the matters set out in paragraphs (a), (b) and (c) of that
subsection; and where any application is made under this subsection,
any reference in this section (except in subsection (2)(b)) to the donee
shall include a reference to the person to whom or for the benefit of
whom that other disposition was made.
(6) In determining whether and in what manner to exercise its powers under
this section, the court shall have regard to the circumstances in which
any disposition was made and any valuable consideration which was
given therefor, the relationship, if any, of the donee to the deceased, the
conduct and financial resources of the donee and all the other
circumstances of the case.
(7) In this section “disposition” does not include —
(a) any provision in a will, any such nomination as is mentioned in
section 8(l) or any donatio mortis causa, or
(b) any appointment of property made, otherwise than by will, in the
exercise of a special power of appointment,
but, subject to these exceptions, includes any payment of money
(including the payment of a premium under a policy of assurance) and
Inheritance (Provision for Family and Dependants) Act 1982 Section 11


c AT 8 of 1982 Page 17

any conveyance, transfer, assurance, appointment or gift of property of
any description, whether made by an instrument or otherwise.
(8) The provisions of this section do not apply to any disposition made
before the commencement of this Act.
11 Contracts to leave property by will

[P1975/63/11]
(1) Where an application is made to the court for a family provision order,
the applicant may, in the proceedings on that application, apply to the
court for an order under this section.
(2) Where on an application under subsection (1) the court is satisfied —
(a) that the deceased made a contract by which he agreed to leave by
his will a sum of money or other property to any person or by
which he agreed that a sum of money or other property would be
paid or transferred to any person out of his estate, and
(b) that the deceased made that contract with the intention of
defeating an application for financial provision under this Act,
and
(c) that when the contract was made full valuable consideration for
that contract was not given or promised by the person with whom
or for the benefit of whom the contract was made (in this section
referred to as “the donee”) or by any other person, and
(d) that the exercise of the powers conferred by this section would
facilitate the making of financial provision for the applicant under
this Act,
then, subject to the provisions of this section and of sections 12 and 13,
the court may make any one or more of the following orders —
(i) if any money has been paid or any other property has been
transferred to or for the benefit of the donee in accordance
with the contract, an order directing the donee to provide,
for the purpose of the making of that financial provision,
such sum of money or other property as may be specified
in the order;
(ii) if the money or all the money has not been paid or the
property or all the property has not been transferred in
accordance with the contract, an order directing the
personal representatives not to make any payment or
transfer any property, or not to make any further payment
or transfer any further property, as the case may be, in
accordance therewith or directing the personal
representatives only to make such payment or transfer
such property as may be specified in the order.
Section 12 Inheritance (Provision for Family and Dependants) Act 1982


Page 18 AT 8 of 1982 c

(3) Notwithstanding anything in subsection (2), the court may exercise its
powers thereunder in relation to any contract made by the deceased only
to the extent that the court considers that the amount of any sum of
money paid or to be paid or the value of any property transferred or to
be transferred in accordance with the contract exceeds the value of any
valuable consideration given or to be given for that contract, and for this
purpose the court shall have regard to the value of property at the date
of the hearing.
(4) In determining whether and in what manner to exercise its powers under
this section, the court shall have regard to the circumstances in which the
contract was made, the relationship, if any, of the donee to the deceased,
the conduct and financial resources of the donee and all the other
circumstances of the case.
(5) Where an order has been made under subsection (2) in relation to any
contract, the rights of any person to enforce that contract or to recover
damages or to obtain other relief for the breach thereof shall be subject to
any adjustment made by the court under section 12(3) and shall survive
to such extent only as is consistent with giving effect to the terms of that
order.
(6) The provisions of this section do not apply to a contract made before the
commencement of this Act.
12 Provisions supplementary to ss 10 and 11

[P1975/63/12]
(1) Where the exercise of any of the powers conferred by section 10 or 11 is
conditional on the court being satisfied that a disposition or contract was
made by a deceased person with the intention of defeating an application
for financial provision under this Act, that condition shall be fulfilled if
the court is of the opinion that, on a balance of probabilities, the intention
of the deceased (though not necessarily his sole intention) in making the
disposition or contract was to prevent an order for financial provision
being made under this Act or to reduce the amount of the provision
which might otherwise be granted by an order thereunder.
(2) Where an application is made under section 11 with respect to any
contract made by the deceased and no valuable consideration was given
or promised by any person for that contract then, notwithstanding
anything in subsection (1), it shall be presumed, unless the contrary is
shown, that the deceased made that contract with the intention of
defeating an application for financial provision under this Act.
(3) Where the court makes an order under section 10 or 11 it may give such
consequential directions as it thinks fit (including directions requiring
the making of any payment or the transfer of any property) for giving
effect to the order or for securing a fair adjustment of the rights of the
persons affected thereby.
Inheritance (Provision for Family and Dependants) Act 1982 Section 13


c AT 8 of 1982 Page 19

(4) Any power conferred on the court by section 10 or 11 to order the donee,
in relation to any disposition or contract, to provide any sum of money
or other property shall be exercisable in like manner in relation to the
personal representative of the donee, and —
(a) any reference in section 10(4) to the disposal of property by the
donee shall include a reference to disposal by the personal
representative of the donee, and
(b) any reference in section 10(5) to an application by the donee under
that subsection shall include a reference to an application by the
personal representative of the donee;
but the court shall not have power under section 10 or 11 to make an
order in respect of any property forming part of the estate of the donee
which has been distributed by the personal representative; and the
personal representative shall not be liable for having distributed any
such property before he has notice of the making of an application under
section 10 or 11 on the ground that he ought to have taken into account
the possibility that such an application would be made.
13 Provisions as to trustees in relation to ss 10 and 11

[P1975/63/13]
(1) Where an application is made for —
(a) an order under section 10 in respect of a disposition made by the
deceased to any person as a trustee, or
(b) an order under section 11 in respect of any payment made or
property transferred, in accordance with a contract made by the
deceased, to any person as a trustee,
the powers of the court under section 10 or 11 to order that trustee to
provide a sum of money or other property shall be subject to the
following limitation (in addition, in a case of an application under
section 10, to any provision regarding the deduction of taxation) namely,
that the amount of any sum of money or the value of any property
ordered to be provided —
(i) in the case of an application in respect of a disposition
which consisted of the payment of money or an application
in respect of the payment of money in accordance with a
contract, shall not exceed the aggregate of so much of that
money as is at the date of the order in the hands of the
trustee and the value at that date of any property which
represents that money or is derived therefrom and is at
that date in the hands of the trustee;
(ii) in the case of an application in respect of a disposition
which consisted of the transfer of property (other than a
sum of money) or an application in respect of the transfer
Section 14 Inheritance (Provision for Family and Dependants) Act 1982


Page 20 AT 8 of 1982 c

of property (other than a sum of money) in accordance
with a contract, shall not exceed the aggregate of the value
at the date of the order of so much of that property as is at
that date in the hands of the trustee and the value at that
date of any property which represents the first-mentioned
property or is derived therefrom and is at that date in the
hands of the trustee.
(2) Where any such application is made in respect of a disposition made to
any person as a trustee or in respect of any payment made or property
transferred in pursuance of a contract to any person as a trustee, the
trustee shall not be liable for having distributed any money or other
property on the ground that he ought to have taken into account the
possibility that such an application would be made.
(3) Where any such application is made in respect of a disposition made to
any person as a trustee or in respect of any payment made or property
transferred in accordance with a contract to any person as a trustee, any
reference in section 10 or 11 to the donee shall be construed as including
a reference to the trustee or trustees for the time being of the trust in
question and any reference in subsection (1) or (2) to a trustee shall be
construed in the same way.
Special provisions relating to cases of divorce, separation etc.
14 Provision as to cases where no financial relief was granted in divorce

proceedings etc

[P1975/63/14]
(1) Where, within 12 months from the date on which a decree of divorce or
nullity of marriage has been made absolute or a decree of judicial
separation has been granted, a party to the marriage dies and —
(a) an application for a financial provision order under section 3 of
the Matrimonial Proceedings Act 2001 or a property adjustment
order under section 4 of that Act has not been made by the other
party to that marriage, or16

(b) such an application has been made but the proceedings thereon
have not been determined at the time of the death of the deceased,
then, if an application for a family provision order is made by that other
party, the court shall, notwithstanding anything in section 1 or section 3,
have power, if it thinks it just to do so, to treat that party for the purposes
of that application as if the decree of divorce or nullity of marriage had
not been made absolute or the decree of judicial separation had not been
granted, as the case may be.
Inheritance (Provision for Family and Dependants) Act 1982 Section 15


c AT 8 of 1982 Page 21

(2) This section shall not apply in relation to a decree of judicial separation
unless at the date of the death of the deceased the decree was in force
and separation was continuing.
14A Provision as to cases where no financial relief was granted in

proceedings for the dissolution etc. of a civil partnership

(1) Subsection (2) applies where —
(a) a dissolution order, nullity order, separation order or
presumption of death order has been made under Chapter 2 of
Part 2 of the Civil Partnership Act 2011 in relation to a civil
partnership,
(b) one of the civil partners dies within twelve months from the date
on which the order is made, and
(c) either —
(i) an application for a financial provision order under Part 1
of Schedule 5 to that Act or a property adjustment order
under Part 2 of that Schedule has not been made by the
other civil partner, or
(ii) such an application has been made but the proceedings on
the application have not been determined at the time of the
death of the deceased.
(2) If an application for an order under section 2 of this Act is made by the
surviving civil partner, the court shall, despite anything in section 1 or
section 3 of this Act, have power, if it thinks it just to do so, to treat the
surviving civil partner as if the order mentioned in subsection (1)(a) had
not been made.
(3) This section shall not apply in relation to a separation order unless at the
date of the death of the deceased the separation order was in force and
the separation was continuing.17

15 Restriction imposed in divorce proceedings etc on application under

this Act

[P1975/63/15]
(1) On the grant of a decree of divorce, a decree of nullity of marriage or a
decree of judicial separation or at any time thereafter the court, if it
considers it just to do so, may, on the application of either party to the
marriage, order that the other party to the marriage shall not on the
death of the applicant be entitled to apply for a family provision order.18

(2) In the case of a decree of divorce or nullity of marriage an order may be
made under subsection (1) before or after the decree is made absolute,
but if it is made before the decree is made absolute it shall not take effect
unless the decree is made absolute.
Section 15 Inheritance (Provision for Family and Dependants) Act 1982


Page 22 AT 8 of 1982 c

(3) Where an order made under subsection (1) on the grant of a decree of
divorce or nullity of marriage has come into force with respect to a party
to a marriage, then, on the death of the other party to that marriage, the
court shall not entertain any application for a family provision order
made by the first-mentioned party.
(4) Where an order made under subsection (1) on the grant of a decree of
judicial separation has come into force with respect to any party to a
marriage, then, if the other party to that marriage dies while the decree is
in force and the separation is continuing, the court shall not entertain any
application for a family provision order made by the first-mentioned
party.
15ZA Restriction imposed in proceedings for the dissolution etc. of a civil

partnership on application under this Act

(1) On making a dissolution order, nullity order, separation order or
presumption of death order under Chapter 2 of Part 2 of the Civil
Partnership Act 2011, or at any time after making such an order, the court,
if it considers it just to do so, may, on the application of either of the civil
partners, order that the other civil partner shall not on the death of the
applicant be entitled to apply for an order under section 2 of this Act.
(2) In the case of a dissolution order, nullity order or presumption of death
order (“the main order”) an order may be made under subsection (1)
before (as well as after) the main order is made final, but if made before
the main order is made final it shall not take effect unless the main order
is made final.
(3) Where an order under subsection (1) made in connection with a
dissolution order, nullity order or presumption of death order has come
into force with respect to a civil partner, then, on the death of the other
civil partner, the court shall not entertain any application for an order
under section 2 of this Act made by the surviving civil partner.
(4) Where an order under subsection (1) made in connection with a
separation order has come into force with respect to a civil partner, then,
if the other civil partner dies while the separation order is in force and
the separation is continuing, the court shall not entertain any application
for an order under section 2 of this Act made by the surviving civil
partner.19

15A Restriction imposed in proceedings under Matrimonial Proceedings

Act 1986 on application under this Act

(1) On making an order under section 19 of the Matrimonial Proceedings Act
1986 (orders for financial provision and property adjustment following
overseas divorces, etc.) the court, if it considers it just to do so, may, on
the application of either party to the marriage, order that the other party
Inheritance (Provision for Family and Dependants) Act 1982 Section 16


c AT 8 of 1982 Page 23

to the marriage shall not on the death of the applicant be entitled to
apply for a family provision order.
(2) Where an order under subsection (1) has been made with respect to a
party to a marriage which has been dissolved or annulled, then, on the
death of the other party to that marriage, the court shall not entertain an
application for a family provision order made by the first-mentioned
party.
(3) Where an order under subsection (1) has been made with respect to a
party to a marriage the parties to which have been legally separated,
then, if the other party to the marriage dies while the legal separation is
in force, the court shall not entertain an application for a family provision
order made by the first-mentioned party.20

15B Restriction imposed in proceedings under Schedule 7 to the Civil

Partnership Act 2011 on application under this Act

(1) On making an order under paragraph 9 of Schedule 7 to the Civil
Partnership Act 2011 (orders for financial provision, property adjustment
and pension-sharing following dissolution etc. outside the Island of a
civil partnership) the court, if it considers it just to do so, may, on the
application of either of the civil partners, order that the other civil
partner shall not on the death of the applicant be entitled to apply for an
order under section 2 of this Act.
(2) Where an order under subsection (1) has been made with respect to one
of the civil partners in a case where a civil partnership has been
dissolved or annulled, then, on the death of the other civil partner, the
court shall not entertain an application under section 2 of this Act made
by the surviving civil partner.
(3) Where an order under subsection (1) has been made with respect to one
of the civil partners in a case where civil partners have been legally
separated, then, if the other civil partner dies while the legal separation is
in force, the court shall not entertain an application under section 2 of
this Act made by the surviving civil partner.21

16 Variation and discharge of secured periodical payments orders made

under the Matrimonial Proceedings Act 2001

[P1975/63/16]
(1) Where an application for a family provision order is made to the court by
any person who was at the time of the death of the deceased entitled to
payments from the deceased under a secured periodical payments order
made under the Matrimonial Proceedings Act 2003 or the Civil Partnership
Act 2011, then, in the proceedings on that application, the court shall
have power, if an application is made under this section by that person
or by the personal representative of the deceased, to vary or discharge
Section 17 Inheritance (Provision for Family and Dependants) Act 1982


Page 24 AT 8 of 1982 c

that periodical payments order or to revive the operation of any
provision thereof which has been suspended under section 31 of the Act
of 2003 or Part 10 of Schedule 5 to the Act of 2011.22

(2) In exercising the powers conferred by this section the court shall have
regard to all the circumstances of the case, including any family
provision order or interim order which the court proposes to make and
any change (whether resulting from the death of the deceased or
otherwise) in any of the matters to which the court was required to have
regard when making the secured periodical payments order.
(3) The powers exercisable by the court under this section in relation to an
order shall be exercisable also in relation to any instrument executed in
pursuance of the order.
17 Variation and revocation of maintenance agreements

[P1976/63/17]
(1) Where an application for a family provision order is made to the court by
any person who was at the time of the death of the deceased entitled to
payments from the deceased under a maintenance agreement which
provided for the continuation of payments under the agreement after the
death of the deceased, then, in the proceedings on that application the
court shall have power, if an application is made under this section by
that person or by the personal representative of the deceased, to vary or
revoke that agreement.
(2) In exercising the powers conferred by this section the court shall have
regard to all the circumstances of the case, including any family
provision order or interim order which the court proposes to make and
any change (whether resulting from the death of the deceased or
otherwise) in any of the circumstances in the light of which the
agreement was made.
(3) If a maintenance agreement is varied by the court under this section the
like consequences shall ensue as if the variation had been made
immediately before the death of the deceased by agreement between the
parties and for valuable consideration.
(4) In this section “maintenance agreement” in relation to a deceased person
means any agreement between the deceased and a person who was the
deceased’s spouse or civil partner —
(a) in whatever form;
(b) whether made before or after the coming into force of this Act;
and
(c) containing provision about the rights and liabilities of the
deceased and the spouse or civil partner while living separately in
respect of financial provision —
Inheritance (Provision for Family and Dependants) Act 1982 Section 18


c AT 8 of 1982 Page 25

(i) for the other party to the marriage or civil partnership; or
(ii) for the maintenance or education of any child of the family.
For the purpose of this definition it is immaterial whether the marriage
or civil partnership has been dissolved or annulled.23

18 Availability of court’s powers under this Act in applications under ss

19 and 26 of the Matrimonial Proceedings Act 2003

[P1975/63/18]
(1) Where —
(a) a person against whom a secured periodical payments order was
made under the Matrimonial Proceedings Act 2003 has died and an
application is made under section 44(8) of that Act for the
variation or discharge of that order or for the revival of the
operation of any provision thereof which has been suspended,
or24

(b) a party to a maintenance agreement within the meaning of
section 49 of that Act has died, the agreement being one which
provides for the continuation of payments thereunder after the
death of one of the parties, and an application is made under
section 51(l) of that Act for the alteration of the agreement under
section 50 thereof,25

the court shall have power to direct that the application made under the
said section 44(8) or 51(1) shall be deemed to have been accompanied by
an application for a family provision order.26

(2) Where the court gives a direction under subsection (1) it shall have
power, in the proceedings on the application under the said section 44(8)
or 51(l), to make any order which the court would have had power to
make under the provisions of this Act if the application under the said
section 44(8) or 51(l), as the case may be, had been made jointly with an
application for a family provision order; and the court shall have power
to give such consequential directions as may be necessary for enabling
the court to exercise any of the powers available to the court under this
Act in the case of an application for a family provision order.27

(3) Where an order made under section 15(l) is in force with respect to a
party to a marriage, the court shall not give a direction under
subsection (1) with respect to any application made under the said
section 44(8) or 51(l) by that party on the death of the other party.28

18A Availability of court’s powers under this Act in applications under

paragraphs 51 and 64 of Schedule 5 to the Civil Partnership Act 2011

(1) Subsection (2) applies where —
Section 19 Inheritance (Provision for Family and Dependants) Act 1982


Page 26 AT 8 of 1982 c

(a) a person against whom a secured periodical payments order was
made under Schedule 5 to the Civil Partnership Act 2011 has died
and an application is made under paragraph 60 of that Schedule
for the variation or discharge of that order or for the revival of the
operation of any suspended provision of the order, or
(b) a party to a maintenance agreement within the meaning of Part 12
of that Schedule has died, the agreement being one which
provides for the continuation of payments under the agreement
after the death of one of the parties, and an application is made
under paragraph 64 of that Schedule for the alteration of the
agreement under paragraph 59 of that Schedule.
(2) Where this subsection applies, the court shall have power to direct that
the application made under paragraph 51 or 64 of that Schedule shall be
deemed to have been accompanied by an application for an order under
section 2 of this Act.
(3) Where the court gives a direction under subsection (2) above it shall have
power, in the proceedings on the application under paragraph 51 or 64 of
that Schedule —
(a) to make any order which it could have made under this Act if the
application under that paragraph had been made jointly with an
application for an order under section 2; and
(b) to give such consequential directions as may be necessary for
enabling it to exercise any of the powers available to it under this
Act on an application for an order under section 2.
(4) Where an order made under section 15ZA(1) of this Act is in force with
respect to a civil partner, the court shall not give a direction under
subsection (2) above with respect to any application made under
paragraph 51 or 64 of that Schedule by that civil partner on the death of
the other civil partner.29

Miscellaneous and supplementary provisions
19 Effect, duration and form of orders

[P1975/63/19]
(1) Where a family provision order is made then for all purposes, the will or
the law relating to intestacy, or both the will and the law relating to
intestacy, as the case may be, shall have effect and be deemed to have
had effect as from the deceased’s death subject to the provisions of the
order.
(2) Any family provision order or interim order in favour of —
(a) an applicant who was the former spouse or former civil partner of
the deceased,30

Inheritance (Provision for Family and Dependants) Act 1982 Section 20


c AT 8 of 1982 Page 27

(b) an applicant who was the husband or wife of the deceased in a
case where the marriage with the deceased was the subject of a
decree of judicial separation and at the date of death the decree
was in force and the separation was continuing, or
(c) an applicant who was the civil partner of the deceased in a case
where, at the date of death, a separation order under Chapter 2 of
Part 2 of the Civil Partnership Act 2011 was in force in relation to
their civil partnership and the separation was continuing,31

shall, in so far as it provides for the making of periodical payments, cease
to have effect on the formation by the applicant of a subsequent marriage
or civil partnership, except in relation to any arrears due under the order
on the date of the formation of the subsequent marriage or civil
partnership.32

(3) A memorandum of every order made under this Act, shall, if relevant, be
endorsed on, or permanently annexed to, the probate or letters of
administration under which the estate is being administered.
20 Provisions as to personal representatives

[P1975/63/20]
(1) The provisions of this Act shall not render the personal representative of
a deceased person liable for having distributed any part of the estate of
the deceased, after the end of the period of 6 months from the date on
which representation with respect to the estate of the deceased is first
taken out, on the ground that he ought to have taken into account the
possibility —
(a) that the court might permit the making of an application for a
family provision order after the end of that period, or
(b) that, where a family provision order has been made, the court
might exercise in relation thereto the powers conferred on it by
section 6,
but this subsection shall not prejudice any power to recover, by reason of
the making of a family provision order under this Act, any part of the
estate so distributed.
(2) Where the personal representative of a deceased person pays any sum
directed by an interim order to be paid out of the deceased’s net estate he
shall not be under any liability by reason of that estate not being
sufficient to make the payment, unless at the time of making the
payment he has reasonable cause to believe that the estate is not
sufficient.
(3) Where a deceased person entered into a contract by which he agreed to
leave by his will any sum of money or other property to any person or by
which he agreed that a sum of money or other property would be paid or
transferred to any person out of his estate, then, if the personal
Section 21 Inheritance (Provision for Family and Dependants) Act 1982


Page 28 AT 8 of 1982 c

representative of the deceased has reason to believe that the deceased
entered into the contract with the intention of defeating an application
for financial provision under this Act, he may, notwithstanding anything
in that contract, postpone the payment of that sum of money or the
transfer of that property until the expiration of that period of 6 months
from the date on which representation with respect to the estate of the
deceased is first taken out or, if during that period an application is made
for a family provision order, until the determination of the proceedings
on that application.
21 [Repealed]
33

22 Determination of date on which representation was first taken out

[P1975/63/23]
In considering for the purposes of this Act when representation with respect to
the estate of a deceased person was first taken out, a grant limited to settled
land or to trust property shall be left out of account, and a grant limited to real
estate or to personal estate shall be left out of account unless a grant limited to
the remainder of the estate has previously been made or is made at the same
time.
23 [Repealed]
34

24 Interpretation

[P1975/63/25]
(1) In this Act —
“beneficiary
”, in relation to the estate of a deceased person, means —
(a) a person who under the will of the deceased or under the law
relating to intestacy is beneficially interested in the estate or
would be so interested if an order had not been made under this
Act, and
(b) a person who has received any sum of money or other property
which by virtue of section 8(1) or 8(2) is treated as part of the net
estate of the deceased or would have received that sum or other
property if an order had not been made under this Act;
“child
” includes an illegitimate child and a child en ventre sa mère at the death of
the deceased;
“the court
” means the High Court;
“family provision order
” means an order under section 2;
“former civil partner
” means a person whose civil partnership with the
deceased was during the lifetime of the deceased either —
Inheritance (Provision for Family and Dependants) Act 1982 Section 24


c AT 8 of 1982 Page 29

(a) dissolved or annulled by an order made under the law of any part
of the British Islands, or
(b) dissolved or annulled in any country or territory outside the
British Islands by a dissolution or annulment which is entitled to
be recognised as valid by the law of the Island;35

“former spouse
” means a person whose marriage with the deceased was during
the lifetime of the deceased either —
(a) dissolved or annulled by a decree of divorce or a decree of nullity
of marriage granted under the law of any part of the British
Islands, or
(b) dissolved or annulled in any country or territory outside the
British Islands by a divorce or annulment which is entitled to be
recognised as valid by the law of the Island;36

“interim order
” means an order under section 5;
“net estate
”, in relation to a deceased person, means —
(a) all property of which the deceased had power to dispose by his
will (otherwise than by virtue of a special power of appointment)
less the amount of his funeral, testamentary and administration
expenses, debts and liabilities, including any taxation payable out
of the estate on his death;
(b) any property in respect of which the deceased held a general
power of appointment (not being a power exercisable by will)
which has not been exercised;
(c) any sum of money or other property which is treated for the
purposes of this Act as part of the net estate of the deceased by
virtue of section 8(l) or (2);
(d) any property which is treated for the purposes of this Act as part
of the net estate of the deceased by virtue of an order made under
section 9;
(e) any sum of money or other property which is, by reason of a
disposition or contract made by the deceased, ordered under
section 10 or 11 to be provided for the purpose of the making of
financial provision under this Act;
“property
” includes any chose in action;
“reasonable financial provision
” has the meaning assigned to it by section 1;
“taxation
” means taxation incurred either in or outside the Island resulting from
the death of the deceased;
“valuable consideration
” does not include marriage or a promise of marriage;
“will
” includes codicil.
Section 24 Inheritance (Provision for Family and Dependants) Act 1982


Page 30 AT 8 of 1982 c

(2) For the purposes of paragraph (a) of the definition of “net estate” in
subsection (1) a person who is not of full age and capacity shall be
treated as having power to dispose by will of all property of which he
would have had power to dispose by will if he had been of full age and
capacity.
(3) Any reference in this Act to provision out of the net estate of a deceased
person includes a reference to provision extending to the whole of that
estate.
(4) For the purposes of this Act any reference to a spouse, wife or husband
shall be treated as including a reference to a person who in good faith
entered into a void marriage with the deceased unless either —
(a) the marriage of the deceased and that person was dissolved or
annulled during the lifetime of the deceased and the dissolution
or annulment is recognised by the law of the Island, or
(b) that person has during the lifetime of the deceased entered into a
later marriage or formed a later civil partnership.37

(4A) For the purposes of this Act any reference to a civil partner shall be
treated as including a reference to a person who in good faith formed a
void civil partnership with the deceased unless either —
(a) the civil partnership between the deceased and that person was
dissolved or annulled during the lifetime of the deceased and the
dissolution or annulment is recognised by the law of the Island, or
(b) that person has during the lifetime of the deceased formed a later
civil partnership or entered into a later marriage.38

(5) Any reference in this Act to —
(a) a party to a later marriage;
(b) a person who has formed a later civil partnership,
is to be construed as if a marriage or civil partnership which is void or
voidable were valid.39

(5A) The celebration of a marriage or the formation of a civil partnership shall
be treated for the purposes of this Act as the celebration of a later
marriage or the formation of a later civil partnership, in relation to either
of the spouses or civil partners, even though the previous marriage or
civil partnership of that spouse or civil partner was void or voidable.40

(6) Any reference in this Act to an order or decree made under the
Matrimonial Proceedings Act 2001 or under any section of that Act shall be
construed as including a reference to an order or decree which is deemed
to have been made under that Act or under that section thereof, as the
case may be.41

Inheritance (Provision for Family and Dependants) Act 1982 Section 25


c AT 8 of 1982 Page 31

(6A) Any reference in this Act to an order made under, or under any
provision of, the Civil Partnership Act 2011 shall be construed as including
a reference to anything which is deemed to be such an order.42

25 Repeals and transitional provisions

(1) and (2) [Repealed]43

(3) Without prejudice to sections 15 and 16 of the Interpretation Act 1976
(which relates to the effect of repeals) nothing in any repeal made by this
Act, shall affect any order made or direction given under any enactment
repealed by this Act, and, subject to the provisions of this Act, every such
order or direction (other than an order made under section 4A of the
Inheritance (Family Provision) Act 1959 or section 41A of the Judicature
(Matrimonial Causes) Act 1965) shall, if it is in force at the commencement
of this Act or is made by virtue of subsection (2), continue in force as if it
had been made under section 2(l)(a), and for the purposes of section 6(7)
the court in exercising its powers under that section in relation to an
order continued in force by this subsection shall be required to have
regard to any change in any of the circumstances to which the court
would have been required to have regard when making that order if the
order had been made with reference to the death of any person who died
after the commencement of this Act.
26 Short title and commencement

(1) This Act may be cited as the Inheritance (Provision for Family and
Dependants) Act 1982.
(2) This Act shall come into force on lst April 1983.
Inheritance (Provision for Family and Dependants) Act 1982 Schedule



c AT 8 of 1982 Page 33

SCHEDULE
44

Inheritance (Provision for Family and Dependants) Act 1982 Endnotes


c AT 8 of 1982 Page 35

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (a) substituted by Civil Partnership Act 2011 Sch 4. 2
Para (b) substituted by Civil Partnership Act 2011 Sch 4. 3
Para (ba) inserted by Civil Partnership Act 2011 Sch 4. 4
Para (d) amended by Civil Partnership Act 2011 Sch 4. 5
Subs (1A) inserted by Civil Partnership Act 2011 Sch 4. 6
Subs (1B) inserted by Civil Partnership Act 2011 Sch 4. 7
Para (aa) inserted by Civil Partnership Act 2011 Sch 4. 8
Para (g) added by Civil Partnership Act 2011 Sch 4. 9
Subs (2) substituted by Civil Partnership Act 2011 Sch 4 and amended by Sch 15. 10
Subs (2A) inserted by Civil Partnership Act 2011 Sch 4. 11
Subs (3) amended by Civil Partnership Act 2011 Sch 15. 12
Subs (4) amended by Civil Partnership Act 2011 Sch 15. 13
Subs (4A) inserted by Civil Partnership Act 2011 Sch 4. 14
Subs (3) amended by Civil Partnership Act 2011 Sch 4. 15
Subs (10) amended by Civil Partnership Act 2011 Sch 4. 16
Para (a) substituted by Matrimonial Proceedings Act 2001 Sch 1. 17
S 14A inserted by Civil Partnership Act 2011 Sch 4. 18
Subs (1) substituted by Matrimonial Proceedings Act 1986 s 10. 19
S 15ZA inserted by Civil Partnership Act 2011 Sch 4. 20
S 15A inserted by Matrimonial Proceedings Act 1986 s 26. 21
S 15B inserted by Civil Partnership Act 2011 Sch 4. 22
Subs (1) amended by Civil Partnership Act 2011 Sch 4. 23
Subs (4) substituted by Civil Partnership Act 2011 Sch 4.
Endnotes Inheritance (Provision for Family and Dependants) Act 1982


Page 36 AT 8 of 1982 c

24
Para (a) amended by Civil Partnership Act 2011 Sch 4. 25
Para (b) amended by Civil Partnership Act 2011 Sch 4. 26
Subs (1) amended by Civil Partnership Act 2011 Sch 4. 27
Subs (2) amended by Civil Partnership Act 2011 Sch 4. 28
Subs (3) amended by Civil Partnership Act 2011 Sch 4. 29
S 18A inserted by Civil Partnership Act 2011 Sch 4. 30
Para (a) amended by Civil Partnership Act 2011 Schs 4 and 15. 31
Para (c) added by Civil Partnership Act 2011 Sch 4. 32
Subs (2) amended by Civil Partnership Act 2011 Sch 4. 33
S 21 repealed by Administration of Justice Act 2008 Sch 1. 34
S 23 repealed by Administration of Estates Act 1990 Sch 5. 35
Definition of ‘former civil partner’ inserted by Civil Partnership Act 2011 Sch 4. 36
Definition of ‘former spouse’, previously ‘former wife’ or “former husband”,
substituted by Matrimonial Proceedings Act 1986 s 26 and amended by Civil
Partnership Act 2011 Sch 4. 37
Subs (4) amended by Civil Partnership Act 2011 Sch 4. Para (b) amended by Civil
Partnership Act 2011 Sch 4. 38
Subs (4A) inserted by Civil Partnership Act 2011 Sch 4. 39
Subs (5) substituted by Civil Partnership Act 2011 Sch 4. 40
Subs (5A) inserted by Civil Partnership Act 2011 Sch 4. 41
Subs (6) amended by Matrimonial Proceedings Act 2001 Sch 1. 42
Subs (6A) added by Civil Partnership Act 2011 Sch 4. 43
Subss (1) and (2) repealed by Statute Law Revision Act 1992 Sch 2. 44
Sch repealed by Statute Law Revision Act 1992 Sch 2.