{
  "url": "https://openlegislation.uk/intestates-estates-act-1952/schedule-SECOND/paragraph-6",
  "json_url": "https://openlegislation.uk/intestates-estates-act-1952/schedule-SECOND/paragraph-6.json",
  "legislation": "ukpga/Geo6and1Eliz2/15-16/64",
  "legislation_title": "Intestates’ Estates Act 1952",
  "legislation_url": "https://openlegislation.uk/intestates-estates-act-1952",
  "path": "schedule/SECOND/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": null,
  "text": "(1) Where the surviving spouse or civil partner lacks capacity (within the meaning of the Mental Capacity Act 2005) to make a requirement or give a consent under this Schedule, the requirement or consent may be made or given by a deputy appointed by the Court of Protection with power in that respect or, if no deputy has that power, by that court.\n(2) A requirement or consent made or given under this Schedule by a surviving husband or wifespouse or civil partner who is an infant shall be as valid and binding as it would be if he or she were of age; and, as respects an appropriation in pursuance of paragraph 1 of this Schedule, the provisions of section forty-one of the principal Act as to obtaining the consent of the infant’s parent or guardian, or of the court on behalf of the infant, shall not apply.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2 para. 6(1) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 8 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 2 substituted (E.W.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 4 para. 13(2); S.I. 2005/3175, Sch. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Geo6and1Eliz2/15-16/64/schedule/SECOND/paragraph/6",
    "retrieved_at": "2026-10-29T11:17:12.650534+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}