OpenLegislation

Section 23 Determination of date on which representation was first taken outF1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • s. 25 (defns. of "former wife" and "former husband") amended (prosp.) by Family Law Act 1996 s. 66(1) Sch. 8 Pt. 1 para. 27(8)
(1)

The following are to be left out of account when considering for the purposes of this Act when representation with respect to the estate of a deceased person 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 subsection (2) below).

(2)

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 this section, but is to be taken as dated on the date of sealing.

Annotations

Textual amendments

F1

S. 23 substituted (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 3 para. 2 (with s. 12(4)); S.I. 2014/2039, art. 2