OpenLegislation

Section 46 Meaning of “disposition”.

England and Wales

(1)

In this Part, unless the context otherwise requires,—

  • “disposition” includes the conferring of a power of appointment and any other disposition of an interest in or right over property;

  • “power of appointment” includes any discretionary power to transfer a beneficial interest in property without the furnishing of valuable consideration.

(2)

This Part applies to an oral disposition as if contained in an instrument made when the disposition was made.

(3)

For the purposes of this Part, the death of the testator is the date at which a will or codicil is to be regarded as made.

(4)

For the purposes of this Part, provisions of the law of intestate succession applicable to the estate of a deceased person shall be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.

F1(5)

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Annotations

Textual amendments

F1

S. 46(5) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

Notes on Part IV

Modifications

C1

Part IV (ss. 38-49): definition applied (5.4.1993) by Child Support Act 1991 (c. 48, SIF 20), s. 26(3), (with s. 9(2)); S.I. 1992/2644, art.2.

C2

Pt. IV extended (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 66(3), 148(1) (with Sch. 4 paras. 1, 6-8); S.I. 2005/2213, art. 2(d)