S. 29(6) repealed by No. 10/1994 s. 13(a). * * * * * No. 3632 s. 26. 30 Executors or administrators may serve notice on claimant (1) A personal representative, having notice, whether under the provisions of section thirty-three of the Trustee Act 1958 or otherwise, that any claim has been or may be made against the estate of which he is the personal representative, may serve upon any person making or possibly entitled to make such claim a notice requiring such person to take within a period of months from the date of receiving such notice all proceedings proper to enforce or to establish such claim and to duly prosecute the same. S. 30(2) amended by No. 110/1986 s. 140(2). (2) After the expiration of the said period of three months such personal representative may apply to the Court for an order to some such effect as hereinafter in this section mentioned. S. 30(3) amended by No. 110/1986 s. 140(2). (3) Upon the hearing of such application the Court, if not satisfied that such proceedings as aforesaid have been taken and are being duly prosecuted, may— (a) order that the said period be extended; or (b) order that the claim of any person so served with notice of the application be for all purposes barred; or (c) make any further or other order enabling the estate to be distributed or dealt with without regard to the claim; and S. 30(3)(d) amended by No. 110/1986 s. 140(2). (d) in any case impose such conditions and give such directions including a direction as to the payment of the costs of or incidental to the application as to the Court seems just.
S. 51A(1) (Table) amended by No. 4/2009 s. 37(Sch. 1 item 2.3). TABLE Period that unregistered domestic partner has lived as domestic partner of intestate continuously before intestate's death Spouse or registered domestic partner or registered caring partner's entitlement to partner's share Unregistered domestic partner's entitlement to partner's share less than 4 years two-thirds one-third 4 years or more but less than 5 years half half 5 years or more but less than 6 years one-third two-thirds 6 years or more none all Note There is a minimum requirement that the unregistered domestic partner lived with the intestate continuously for at least 2 years immediately before the intestate's death, unless the domestic partner is the parent of a child of the intestate who was under 18 at the time of the intestate's death—see definition of unregistered domestic partner in section 3(1). (2) In this section— partner's share of an intestate's residuary estate means the share of the estate to which the partner of the intestate is entitled under this Division.
S. 95 amended by No. 6920 s. 8, repealed by No. 88/1997 s. 57. * * * * * Nos 3632 s. 144, 4483 s. 4. 96 Powers of Court in making orders S. 96(1) repealed by No. 88/1997 s. 58. * * * * * (2) The Court may in making any order under this Part impose such conditions restrictions and limitations whether to prevent restrict or defeat any alienation or charge of or upon the benefit of any provision made under such order or otherwise as it thinks fit. (3) The Court may in making any order under this Part order that the provision may consist of a lump sum or a periodical or other payment. S. 97 (Heading) inserted by No. 80/2014 s. 6(1). Nos 3632 s. 145, 4483 ss 5, 7. 97 Contents of family provision order S. 97(1) amended by Nos 88/1997 s. 59(1), 80/2014 s. 6(2). (1) Every family provision order making provision for any person shall specify (inter alia)— (a) the amount and nature of the provision; S. 97(1)(b) amended by No. 6920 s. 9. (b) the manner in which the provision shall be raised or paid out of some and what part or parts of the estate of the deceased; and (c) any conditions restrictions or limitations imposed by the Court.
S. 97(2) amended by No. 6920 s. 9(a). (2) Unless the Court otherwise orders the burden of any such provision shall as between the person beneficially entitled to the estate of the deceased be borne by those persons in proportion to the values of their respective estates and interests in such estate: Provided that the estates and interests of persons successively entitled to any property which is settled by such will shall not for the purposes of this subsection be separately valued but the proportion of the provision made under this Part to be borne by such property shall be raised out of or charged against the corpus of such property. S. 97(3) amended by Nos 6920 s. 9(b), 10/1994 s. 4(4)(a)(i)(ii), 80/2014 s. 6(3). (3) The Court shall in every case in which a family provision order is made under this Part direct that a certified copy of such order be attached to the probate of the will or letters of administration and for that purpose shall retain in its custody such probate or letters of administration until such copy is attached. S. 97(4) substituted by Nos 6920 s 9(c), 80/2014 s. 6(4). (4) Subject to this Part, a family provision order operates and takes effect— (a) if the deceased dies leaving a will disposing of the whole or any part of the deceased's estate, as if the provision made by the family provision order had been made by the deceased by executing a codicil to that will immediately before the deceased's death; or (b) if the deceased dies without leaving a will— (i) as a modification of Division 6 of Part I in respect of so much of the deceased's estate as is affected by the family provision order; and (ii) as if the provision made by the family provision order had been made by the deceased in the deceased's will.
Assent Date: 16.4.62 Commencement Date: 16.4.62 : All of Act in operation Probate Duty Act 1962, No. 6890/1962 Assent Date: 15.5.62 Commencement Date: 1.7.62: Government Gazette 13.6.62 p. 1990 : All of Act in operation Administration and Probate (Family Provision) Act 1962, No. 6920/1962 Assent Date: 20.11.62 Commencement Date: 20.11.62 : All of Act in operation Administration and Probate (Small Estates) Act 1964, No. 7168/1964 (as amended by Act No. 7332) Assent Date: 10.11.64 Commencement Date: 1.6.65: Government Gazette 12.5.65 p. 1555 : All of Act in operation Administration and Probate (Surviving Actions) Act 1965, No. 7296/1965 Assent Date: 12.10.65 Commencement Date: 12.10.65 : All of Act in operation Statute Law Revision Act 1965, No. 7332/1965 Assent Date: 14.12.65 Commencement Date: 14.12.65: subject to s. 3 : All of Act in operation Administration and Probate (Amendment) Act 1967, No. 7597/1967 Assent Date: 5.12.67 Commencement Date: 5.12.67 : All of Act in operation Administration and Probate (Amendment) Act 1968, No. 7663/1968 Assent Date: 2.4.68 Commencement Date: 1.5.68: Government Gazette 24.4.68 p. 1259 : All of Act in operation Administration and Probate (Foreign Grants) Act 1969, No. 7874/1969 Assent Date: 18.11.69 Commencement Date: 18.11.69 : All of Act in operation Statute Law Revision Act 1971, No. 8181/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71 : All of Act in operation Status of Children Act 1974, No. 8602/1974