Paragraph 5 I1

In Schedule 5 to the Civil Partnership Act 2004, in paragraph 60 (variation of secured periodical payments order where person liable has died), for sub-paragraph (6) substitute—

“(6)

The following are to be left out of account when considering for the purposes of sub-paragraph (3) when representation was first taken out—

(a)

a grant limited to settled land or to trust property,

(b)

any other grant that does not permit any of the estate to be distributed,

(c)

a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,

(d)

a grant, or its equivalent, made outside the United Kingdom (but see sub-paragraph (7)).

(7)

A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (6), but is to be taken as dated on the date of sealing.”