Inheritance (Provisions for Family and Defendants) Act

Link to law: http://www.moj.gov.jm/laws/inheritance-provisions-family-and-defendants-act
Published: 1993-05-20

INHERlTANCE (PROVISION FOR FAMILF-AND
DEPENDANTS)

. . . , . . 3 . - ..... L. .:. .~ . .

. .

THE INHERITANCE (PROVISION FOR FAMILY
AND DEFENDANTS) ACT

ARRANGEMENT OF'.SLXTIONS ' ' ' "~

.. . , . . . . . .. . .-

PART I. Preliminary

1. Short title.
2. Interpretation.
3. Application of Act.

PART II. Application for financid provision

4. Applkation for financial provision from deceased's estate.
5. Time limit for applications.

PART III. Orders

6. Powers of court to make orders.
7. Matters to which court is to have regard in exercising powers

under section 6.
8. Interim orders.
9. Incidence of payments ordered.

10. Variation of orders for periodical payments.
11. Variation of orders for payment of lump sums.
12. Termination of orders on remarriage of former wife or husband.

PART IV. Powers of court in relation to transactions intended
to defeat application for mancial provision

13. Dispositions intended to defeat application for hancial pro-
visions.

14. Contracts to leave property by will.
15. Provisions supplementary to section 13.
16. Provisions as to trustees in relation to section 13.

Khe @clusion ,of this page is authorized bl.J.8. @/49951

2 INHERlTANCE (PROVISION FOR FRMZLY AND
DEPENDANW

PART V. MisceUaneouP and Supplementary Provisions

17. Provisions as to pmonaI representatives.
18. Ddenrriaation d date on which repramtation wan fim taken

OW.

19. E f f d i ~ e date of will or law relating to intestacy.
20. Registration of d r s .

INHERITANCE (PROVISION FOR FAMILY AND
DEPENDANTS)

3

A d
14 of 1993. THE INHERITANCE (PROVISION FOR FAMILY

AND DEPENDANTS) ACT

120th Muy, 1993.1

PART 1. Preliminary
1. This Act may be cited as the Inheritance (Provision Short txo .

for Family and Dependants) Act.

Interpreta-
11011. 2. In this Act-

“beneficiary” in relation to the estate of a deceased per-
son means 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 mxde under
this Act;

“child” means a child under the age of eighteen years
and includes-

(a) a child adopted in pursuance of an adop
tion order made under the Children
(Adoption of) Act or a child adopted in
pursuance of any law in a country other
than Jamaica where that law is recog-
nized by the lRW of Jamaica as conferring
upon the child in question, in relation
to the child’s custody, maintenanoe and
education, the status of a child of the
adopter or adopters;

(6) a child en ventre sa mere at the death of
the deceased;

[The inclueion of this paga is authorized by L.N. 42/1995l

4 INHERITANCE (PROVISION FOR FAMILY AND
DEPENDANTS)

(c) a child of the deceased’s husband or wife,
as the case may be, who had been
accepted as one of the family by the
deceased,

so, howeber, that a child of or over the age of
eighteen years may be regarded as a child for the
purposes of this definition-

(i) if such child is under the age of twenty-
three years and pursuing academic
studies or receiving trade or professional
instructions; or

(ii) if there are special circumstances (includ-
in physical and mental disability) which
justify the disregard of the age limit;

“court” means the court for the time being having
jurisdiction over the probate of the wdl or the
administration of the estate or both, of the
deceased person;

“former wife” or “former husband”, as the case may
be, means a person whose marriage with the
deceased was during the deceased’s lifetime dis-
solved or annulled by a decree of divorce or of
nullity of marriage and who has not remarried;

“net estate”, in relation to a deceased person, means-

(a) property which the deceased had power
to dispose of by his will (otherwise than
by virtue of a special power of appoint-
ment) less the amount of his funeral,
testamentary and administration ex-
penses, debts and liabilities, including
any transfer or other tax payable out of
his estate on his death; and for the pur-
poses of this paragraph a person who is

[The inclmon of tlus pago 1s authorized by LN. 421 1995]

INHERITANCE (PROVISION FOR FAMILY AND
DEPENDANTS)

not of full age and capacily shall be
treated as having power to dispose of by
will property of which he world have had
power to dispose by will if he had been
of full age and capacity;

(6) other property including any sum of
money which is treated for the purposes
of this Act as part of the net estate of
the deceased;

(c) other property including anv sum of
money which is, by reason of a dis-
position made by the deceased. ordered
under section 13 to be provided for the
purpose of the making of financial pro-
vision under this Act;

“parent” includes a person who was in loco parentis
to the deceased immediately before his death;

“property” means all property (whether movable or
immovable)-

(a) in Jamaica or elsewhere, where the
deceased was domiciled in Jamaica; or

(b) in Jamaica, where the deceased was
not domiciled in Jamaica;

“valuable consideration” does not include marriage or
a promise of marriage;

“wife” or “husband”, as the case may be, includes a
person who in good faith entered into a void
marriage with the deceased, unless either-

(a) that mamage was annulled during the
lifetime of the deceased; or

(b) that person has during the lifetime of the
deceased entered into a later marriage.

[The InCIu~lon of this pagc 1s authonzcd b) L.N 421 1995]

5

6 INHERITANCE (PROVISION FOR FAMILY AND
DEPENDANTS)

Application
of Act.

Application
for financial
provision
from de-

esmte.
ceased's

3. This Act shall only apply to cases where a deceased
person dies after the 20th May, 1993.

PART 11. Application for financial provision

4 . 4 1 ) An application for an order under section 6 may
be made by any of the persons referred to in subsection (2 )
on the ground 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 maintenance of the
applicant.

(2) The persons to whom subsection (1) applies are-
(a) the wife or husband of the deceased;
(6) a child;
(c) a parent of the deceased who was being main-

tained wholly or partly or was legally entitled to
be maintained wholly or partly by the deceased
immediately before his death;

(d) a former wife or former husband of the deceased,
who was being maintained wholly or partly or who
was entitled under an existing order of a court of
competent jurisdiction or under an agreement
between the parties to be maintained wholly or
partly by the deceased immediately before his
death;

(e) a person whc-
(i) where the deceased was a single man, was a

single woman who was living with the
deceased as his wife for a period of not less
than five years immediately preceding the
date of the deceased's death; or

me mclusion of this paga is authorized by LN. 42/199S]

INHERITANCE (PROVISION FOR FAMILY AND
DEFENDANTS)

(ii) where the deceased was a single woman,
was a single man who was liviug with the
deceased as her husband for a period not
less than five years immediately preceding
the date of the deceased’s death.

(3) An administrator of the estate of the deceased
may apply on behalf of any person who is not of full age or
mental capacity in any case where such person might apply,
or may apply to the court for advice or dimtions as to
whether he ought so to apply; and in the latter case, the
court may treat the application as an application on behalf
of the person for the purpose of avoiding the dfect of limita-
tion.

7

5. An application for an order under section 6 shall not, ~ i m c @it
for a.ppbca- except with the permission of the court, be made after the h.

end of the period of six months from the date on which
representation with respect to the estate of the deceased is
first taken out.

PARTm. ordas
6 .41 ) Subject to the provisions of this Act, where an POWM d

application is made for an order under this section, the mhow
court may, if it is satisfied that the disposition of the
deceased’s estate effected by his will or the Iaw relating to
intestacy, or the combination of his will and tbat law, is
not such, at the time of the hearing of the application, as to
make reasonable financial provision for the maintenance
of the applicant, make any one or more of the following
orders-

(a) an order for the making to the applicant out of the
net cstate of the deceased of such periodical pay-
ments and for such term as may be specified m
the order;

ODUlt to

[The inclusion of @E p p p i s wtbwid by LN. 42/1995]

8 INHERITANCE (PROVISION FOR FAMtLY AND
DEPENDANTS)

~6 . - , (b ) an order for the payment to the applicant out of
that estate of a lump sum of such arnoiint as may
be so specified;

' . (cj 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 setting up of a trust fund out of
the net estate for the benefit of two or more appli-
cants;

(e) an order for the settlement for the benefit of the
applicant' of such property comprised in that
estate- as may be so specified;

(fl an order for the acquisition, out of property com-
prised ia that estate, of such property as may be
so specified 'md for the transfer of the property so
acquired to the applicant or for the settlement
thereof -for his benefit.

. .

' .

7~

. . ~

(2) An order made for the payment of periodical

(U) payments'of such amount as may be specified.in

(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. th.e.net estate as the court may direct to be

set aside or appropriated for the making of pay-

OL .may provjde fir the mount of the payments or any of
them. to be determined k a n y .other way the court thinks
fit.

sums pursuant to subsection (1) -lu)'may provide for-
. . . .

. .
~~ the order;

, . . .. ments ~ . . ~ under ~ this section, . . . . ~.

[The incldio&of thispage is authorized by LN. 42/1995]

INHERITANCE (PROVISION FOR FAMlLY AND
DEPENDANTS)

(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 income thereof the amount requirzd for the
making of those payments.

(4) An order under subsection (1) (b) may provide for
the payment of the sum specified therein by instalments of
such amount as may be specified in the order.

(5) An order under this section 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.

(6) The court may attach to any order under this sec-

(7) Where an application for an order under this
section has been made by or on behalf of any person, it
may be treated by the court as an application by or on
behalf of all persons who are entitled to apply under section
4.

tion such conditions as it thinks fit.

7.-(1) Where an application is made for an order under \iattem to
section 6, the court shall, in determining whether the dis- ~ $ ~ ~ h , , ~ ~ ~ t
position of the deceased’s estate effected by his will or the regard in
law relating to intestacy, or the combination of his will and

for the maintenance of the applicant and, if the court con-

erexising

that law, is such as to make reasonable financial provision tion under 6 , E ~ C -

Crhe inclusion of this page is authorized by L.N. 421 19951

10 INHERITANCE (PROVISION FOR FAMILY AND
DEPENDANTS)

siders that such reasonable financial provision has not been
made. in determining whether and in wnat manner it shall
exercise its powers under that section, have regard to the
following matters-

(a) the size and nature of the net estate of the deceased;
(b) the financial resources and financial needs which

the applicant has or is likely to have in the fore-
seeable future;

(c) the financial resources and financial needs which
any other applicant for an order under section 6
has or is likely to have in the foreseeable future;

(6) any obligations and responsibilities which the
deceased had towards any applicant for an order
under section 6 or towards any beneficiary of the
estate of the deceased;

(e) any physical or mental disability of any applicant
for an order under section 6 or any beneficiary of
the estate of the deceased;

(fl the financial resources and financial needs which
any beneficiary of the estate of the deceased has or
is likely to have in the foreseeable future;

(g) the deceased’s reasons, so far as they are ascertain-
able, for making provision or for not making pro-
vision or for not making adequate provision, as
the case may be, for any person by his will:

(h) the conduct of the applicant towar& the deceased;
(21 the relationship of the applicant to the deceased

and the nature of any provision for the applicant
which was made by the deceased during his liie-
time;

( j ) any other matter which, in the circumstances of
the case, the court may consider relevant.

[The inclusion of this page is a u t h o r 4 by LN. 42/19951

INHERITANCE [PROVlSION FOR FAMILY AND
DEPENDANTS)

(2) Without prejudice to the generality of paragraph
( j ) of subsection (l), where an application for an order under
section 6 is made by or on behalf of a child of the deceased,
the court shall, in addition to the matters specified in para-
graphs (a) to ( i ) of that subsection. have regard to the man-
ner in which the child was, or is expected to be, educated or
trained and where the application is on behalf of a child
as referred to in paragraph (c) of the definition of “child”
contained in section 2. the court shall also have regard-

(a) to the extent (if any) to which the dec3sed had,
on or after acceptance of the child as OILC of the
family, assumed responsibility for the child’s main-
tenance; and

(6) to the liability of any person other than the
deceased to maintain the child.

8.-(1) Where on an application for an order under sec- I,,~,,,

(a) that the applicant is in immediate need of financial
assistance, but i t is not yet possible to determine
what order (if any) should be made under that sec-
tion; 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 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 appli-
cant 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

tion 6 it appears to the court- O r d u r .

[The inclusion of thia paw ir authorized & L.N. 42/1995]

12

Incidence
paymentE
ordered.

INHERITANCE (PROVISION FOR FAMILY AND
DEPENDANTS)

date on which the court either makes an order under the
said section 6 or decides not to exercise its powers under
that section.

(2) Subsections (2), (3), (4), (3, (6) and (7) rtf section 6
shall apply in relation to an order under this section as they
apply in relation to an order under that section.

(3) In determining what order, if any, should be made
under this section 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 7.

(4) An order made under section 6 may provide that
any sum paid to the applicant by virtue of this section shall
be treated, to such an extent and in such manner as may be
provided by that order, as having been paid on account of
any payment provided for by that order.

of 9.-(1) The incidence of the payment or payments
ordered under this Act shall, unless the court otherwise
determines, fall rateably upon the whole estate of the
deceased, or, in cases where the authority of the court does
not extend or cannot directly or indirectly be made to
extend to the whole estate, then to so much thereof as is
subject to the authority of the court.

(2) The court shall have power to exclude any part
of the deceased’s estate from the incidence of any such
order, after hearing such of the parties who may be affected
by the exclusion as it thinks necessary, and may for that
purpose direct any administrator to represent or appoint
any person to represent, any such party.

Variation

pcri~dics~l

10.41) Subject to the provisions of this Act, where the
court has made an order under section 6 (1) (a) (in this sec-
tion referred to as “the original order”) for the making of

of orders
ior

payments.

[The inclusion of this paze is authorized by L.N. 42119951

INHERITANCE (PROVISION FOR FAMILY AND
DEPENDANTS)

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 dis-
charge the original order or to mspend any provision of
it temporarily and to revive the operation of any provision
so suspended.

(2) An application under this section may be made

(a) any person who by virtue of section 4 has applied,
or would but for section 5 be entitled to apply,
for an order under section 6;

(b) the personal representatives of the deceased;

(c) the trustees of any relevant property;

(d) any beneficiary of the estate of the deceased.

by any of the following persons-

(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 remarriage of a former wife or
former husband) or on the expiration of a period so speci-
fied, then, if, before the end of the period of six months
after 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 poweI 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 murt may
specify).

13

[The inclusion of this page i8 authorized by L.N. 421 15951

14 INHERITANCE (PROVISION FOR FAMILY AND
DEPENDANTS)

(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 referenoe to any person to whom periodical
payments are required to be made by virtue of an order
under this section.

(5 ) An order made under this section may only
affect-

(U) 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

(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 (U) or
(b) is in subsection (2) (c) referred to as relevant property.

(6) In exercising the powers conferred by this sec-
tion 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.

(7) Where the court makes an order under this sec-
tion, it may give such consequential directions as it thinks
necessary or expedient having regard to the provisions of
the order.

mM inclusion of Ws page is authofmd by LN, *r/ 199fl

INHERITANCE (PROViSiON FOR FAMILY AND
DEPENDANTS)

(8) The power to vary an order made under sub-
section (3) includes a power to provide for the making of
periodical payments after the expiration of the period
specified in that subsection or the Occurrence of the event
so specified.

1s

11. Where an order is made under this Act fur the pay- Vanation
of orders ment of a lump sum, the court shall have puwer, on an for py.

application made by the person to whom the lump sum is r:k ;:m.
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.

12. An order under this Act for the making of periodi- Termination
of orden on cal payments to a former wife or former husband of the rcmrringe

deceased shall terminate on the remarriage of such former ,GfpF
wife or husband. hueband.

PART w. Powers of cmri in rdation to transaction
inrended to defeat upp!ication for

firmncicrl provision
13.41) Where an application is made by any person for v i y i -

an order under section 6, the court may, subject to sections tended to
15 and 16, and on application by that person, if the court is f;i?:n-

t,om In-

satisfied- tion for
timn9.2.l

(U) that less than one year before the date of the death ~OvlslOar.
of the deceased, the deceased with the intention
of defeating an application for financial provision
under this Act, made a disposition; and

(b) that the disposition was not made far valuable
consideration to a person (in this section referred
to as the donee) who at the time of the disposition

me inclusion of this page is au,thorizad by LN. 42/19¶5]

16 iNHERlTANCE (PROVISION FOR FAMlLY AND
DEFENDANTS)

did not act in relation to it in good faith and had
notice of the deceased’s intention of defeating a
claim for financial provision under this Act,

order the d o n e (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.

(2) Where an order is made under subsection (1) as
respects any disposition made by the deceased, 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 or the vaIue at
the date of the death of the deceased of the property dis-
posed of by him to or for the benefit of the person to whom
the payment or the disposition was made after deducting
therefrom any tax borne by that person in respect of that
payment or the transfer of that property.

(3) In determining whether and in what manner tc
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 &as given
therefor, the relationship to the deceased, if any, of the
person to or for the benefit of whom the disposition was
made, the conduct and financial resources of that person
and all the other circumstances of the case.

(4) In this section “disposition” does not include-

(a) any provision in a will or any donatio niortis causa;
or

(b) any appointment of property made, otherwise than
by will, in the exercise of a special power of
appointment,

[The inclusion of this page is authorued by LN. 421 19911

INHERITANCE (PROVNON FOR FAMILY AND
DEPENDANTS)

but subject to these exceptions, includes any payment of
money (including the payment of a premium under a policy
of assurance) and any conveyance, assurance, appointment
or gift of property of any description whether made by an
instrument or otherwise.

(5 ) The provisions of this section shall not apply to
any disposition made before the 20th May, 1993.

17

14.-(1) Where an application is made to a court for an antracts order under section 6 the applicant may, in the proceedings to leave by
on that application, apply to the court for an order under
this section.

(2) Where on application under subsection (1) the

(U) 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;

(b) that the deceased made that contract with the
intention af defeating an application €01 financial
provision under this Act;

(c) that when the contract was made fuU vduable con-
sideration 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”) 01 by any other
person; and

(d) that the exercise of the powers coderred by this
section would facilitate the making of financial
provision for the applicant under this Act,

court is satisfied-

[The mnclumn of thls page is authonzed by L.N. 42; 19951

18 INHERITANCE (PROVISION FOR FAMILY AND
DEPENDANTS)

then, subject to the provisions of this section and of sections
13 and 16, the court may make any one or more of the
following orders, that is to say-

(i) if any money has been paid or any other
property has been transferred to or for the ber.efit
of the d o n e in accordance with the contract, an
order directing the done to provide, for the pur-
pose 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 pro-
perty as may be specified in the order.

(3) Notwithstanding anything in subsection (2), the
court may exercise its power 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 power 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

m e inclusion of Ichjs page is authorid by LN. 42/11995]

INHERITANCE (PROVISION FOR FAMILY A N D
DEPENDANTS)

19

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 13 of this Act
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 shall not apply
to a contract made before the 20th May, 1993.

15,-(1) Where the exercise of any of the powers con- provia i i
SUPPb ferred upon the court by section 13 is conditional on the -tarY

court being satisfied that a disposition was made by a &On
deceased person with the intention of defeating an applica-
tion 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 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 the court makes an order under section
13 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.

(3) Any power conferred on the court by section 13
to order a person to whom or for the benefit of whom a

lThe lncluslon of +hihis page IS authorized by LN. 42/1995]

20 INHERITANCE (PRO'JISION FOR FAMILY AND
DEPENDANTS)

disposition was made by the deceased to provide any sum
of money or other property shall be exercisable in like
manner in relation to the personal representatives of that
person, so, however, that the court shall not have power
under section 13 to make an order in respect of any pro-
perty forming part of the estate of that person which has
been distributed by the personal representative; and the
personal representative shall not be liable for having dis-
tributed any such property before he has notice of the
making of an application under section 13 on the ground
that he ought to have taken into account the possibility
that such an application would be made.

pro~i5im 16.-(1) Where an application is made for an order
trusea under section 13 in respect of a disposition made by the

deceased to any person as a trustee, the powers of the court
13. under that section to order that trustee. to provide a sum of

money or ather property shall be limited-

(a) in the case of an order to provide a snm of money,
to 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;

(b) in the case of an order to provide other property,
to 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.

(2) Where any such application is made in respect of
a disposition made 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.

as to

~n relation
to seciwn

[The inclusion of this page 18 authonzd by L.N. 421 IWS]

INHERITANCE (PROVISION FOR FAMILY A N D 21
DEFENDANTS)

(3) Where any such application is made in respect of
a disposition made to any person as a trustee, any reference
in section I3 to the donee or the person to whom or for the
benefit of whom the disposition is made 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 subsec-
tion (1) or (2) to a trustee shall be construed accordingly.

PART V. Miscellaneous and Supplementary Provisions

17.-(I) The provisions of this Act shall not render the ze
personal representatives of a deceased person liable for hav- personal
ing distributed any part of the estate of thc deceased, after t . ~
the end of the period of six 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-

(U) that the court might permit the making of an appli-
cation for an order under section 6 after the end of
that period; or

(b) that, where an order has been made under section
6 , the court might exercise in relation thereto the
powers conferred on it by section 10 or 13,

but this subsection shall not prejudice any power to recover,
by reason of the making of an order under this Act, any part
of the estate so distributed.

(2) 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, t??en, if the
personal representative af the deceased has reason to be-
lieve that the deceased entered into the contract with the
intention of defeating an application for financial provision

represen-

m e rnclrrrjon of &is page 18 authorized by L.N. 421 19951

22

Determina-
tion of
date on
whioh
reprwmta-
t ion was
first taken
OUt.

efiertive
date of
will or
law
relating in
intestacy.

Regirtra-
tion of
Orden.

INHERITANCE (PROVISION FOR L4MlLY AND
DEPENDANTS)

under this Act, he may notwithstanding anything in that
contract, postpone the payment of that sum of nioney or the
transfer of that property until the expiration of the period of
six 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 an order
under section 6, until the determination of the p rmdings
on that application.

18. In considering for the purposes of this Act when
representation with respect to the estate of a deceased per-
son 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 remailzder of the
estate has previously been made or is made at the same
time.

19. Where an order is made under section 6, that order
shall in relation to any distribution of property pursuant to
a will or the law relating to intestacy, or both. have effect,
subject to the provisions of the order, as from the date of
the deceased’s death.

20. A copy of every order under this Act shall be. regis-
tered and filed by the Clerk or the Registrar of the court, as
the case may be, and a memorandum of the order shall be
endorsed on, or permanently annexed to, the probate or
letters of administration under which the atate is being
administered.

Whhe inclusion of thia page is authorizd by L.N. 42/159S1
Read Entire Law on www.moj.gov.jm