Article 3 Amendments to Forms in consequence of the provisions of the Law Reform (Succession) Act 1995

(1)

Form M5 shall be amended as follows:—

(a)

for the word “divorce” in line 1 there shall be substituted the word “[divorce]”;

(b)

in paragraph (b) of note 5 the words “of divorce” shall be omitted;

(c)

for paragraph (c) of note 5, there shall be substituted—

“Once the Court grants a decree absolute or decree of judicial separation, you will lose your right to inherit from the petitioner if he or she dies without having made a will, and if the petitioner has made a will a decree absolute will deprive you of any right which you may have under that will to act as executor, trustee or as a donee of a power of appointment or to take any gift under the will, unless a contrary intention appears in the will. In addition, if the petitioner has appointed you to become, on the petitioner’s death, guardian of his or her children, a decree absolute will deprive you of any right which you may have to act as guardian subject to any expressed contrary intention.”;

(d)

the following paragraphs shall be substituted for paragraph 7 of the note to Form M5—

“where a petition is based on section 1(2)(d) of the Matrimonial Causes Act 1973^f1, the following form shall be followed:—

[7.

The petitioner relies in support of the petition on the fact that the parties to the marriage have lived apart for at least two years and the respondent has consented to a decree being granted. Section 10 of the Matrimonial Causes Act 1973 provides that if in such a case the respondent applies to the Court for it to consider the respondent’s financial position after the divorce, a decree nisi based on two years' separation with the respondent’s consent cannot be made absolute unless the Court is satisfied that the petitioner has or will make proper provision for the respondent, or else that the petitioner should not be required to make any financial provision for the respondent. It is important that you should consider this carefully before answering Question 8 in the acknowledgement.]*

or, where a petition is based on section 1(2)(e) of the Matrimonial Causes Act 1973, the following form shall be followed:—

[7.

The petitioner relies in support of the petition on the fact that the parties to the marriage have lived apart for at least five years. Section 10 of the Matrimonial Causes Act 1973 provides that if in such a case the respondent applies to the Court for it to consider the respondent’s financial position after the divorce, a decree nisi based on five years' separation only cannot be made absolute unless the Court is satisfied that the petitioner has or will make proper provision for the respondent, or else that the petitioner should not be required to make any financial provision for the respondent. Paragraph of the petition will tell you whether the petitioner proposes to make any financial provision for you. It is important that you should consider this information carefully before answering Question 8 in the acknowledgement.]*

* Delete as applicable.”; and

(e)

for the word “rejection” at the end of paragraph (a) of note 9 there shall be substituted the word “objection”.

(2)

The following paragraphs shall be substituted for the note to Form M9:—

“Divorce affects inheritance under a will

1

Where a will has already been made by either party to a marriage then, by virtue of section 18A of the Wills Act 1837^f2:

(a)

any provisions of the will appointing the former spouse executor or trustee or conferring a power of appointment on the former spouse shall take effect as if the former spouse had died on the date on which the marriage is dissolved unless a contrary intention appears in the will;

(b)

any property which, or an interest in which, is devised or bequeathed to the former spouse shall pass as if the former spouse had died on the date on which the marriage is dissolved unless a contrary intention appears in the will.

Divorce affects the appointment of a guardian

2

Unless a contrary intention is shown in the instrument of appointment, any appointment under section 5(3) or 5(4) of the Children Act 1989^f3 by one spouse of his or her former spouse as guardian is, by virtue of section 6 of that Act, deemed to have been revoked at the date of dissolution of the marriage.”.

(3)

The following paragraphs shall be substituted for the note to Form M10:—

“Nullity affects inheritance under a will

1

Where a will has already been made by either party to a marriage then, by virtue of section 18A of the Wills Act 1837:

(a)

any provisions of the will appointing the former spouse executor or trustee or conferring a power of appointment on the former spouse shall take effect as if the former spouse had died on the date on which the marriage is annulled unless a contrary intention appears in the will;

(b)

any property which, or an interest in which, is devised or bequeathed to the former spouse shall pass as if the former spouse had died on the date on which the marriage is annulled unless a contrary intention appears in the will.

Nullity affects the appointment of a guardian

2

Unless a contrary intention is shown in the instrument of appointment, any appointment under section 5(3) or 5(4) of the Children Act 1989 by one spouse of his or her former spouse as guardian is, by virtue of section 6 of that Act, deemed to have been revoked at the date of annulment of the marriage.”.

Annotations

Footnotes

f1: 1973 c. 18.
f2: 1837 c. 26. Section 18A was inserted in the Wills Act 1837 as respects England and Wales by the Administration of Justice Act 1982, section 18(2), but does not, by virtue of section 73(6) of that Act, affect the will of a testator who died before 1 January 1983 (the date section 18(2) of the 1982 Act came into force).
f3: 1989 c. 41.
f4: 1995 c. 41.