86. Inheritance (Family Provision) Act 1971.
ORDER 86
INHERITANCE (FAMILY PROVISIONS) ACT 1971
1. Interpretation. (O. 86 r. 1)
In this Order "Act" means the Inheritance. (Family Provisions) Act 1971 (Act 39).
2. Powers of Courts as to parties. (O. 86 r. 2)
(1) Without prejudice to its powers under Order 15, the Court may at any stage of proceedings under the Act by order direct that any person be added as a party to the proceedings or that notice of the proceedings be served on any person.
(2) Order 15, rule 13, shall apply to proceedings under the Act as it applies to the proceedings mentioned in paragraph (1) of that rule.
3. Affidavit in support to be filed. (O. 86 r. 3)
An affidavit in support of an originating summons by which an application under section 3 of the Act is made must be filed before the first hearing of the summons and Order 28, rule 3(3), shall apply accordingly.
4. Disposal of application in Chambers, etc. (O. 86 r. 4)
Any application under the Act in which it appears to the Court that the interests of an infant or other person under disability are affected may, if the Court thinks fit so direct, be disposed of in Chambers, but any order under section 3 or 6 of the Act shall be made by the Judge in person.
5. Applications in proceedings under section 3 of the Act. (O. 86 r. 5)
Where an order has been made on an application under section 3 of the Act, any subsequent application, whether made by a party to the proceedings in which such order was made, or by a person on whom notice of the application for the order was served or by or on behalf of such person as is mentioned in section 6(2) of the Act, must be made by summons in those proceedings.
6. Indorsement of memorandum on probate, etc. (O. 86 r. 6)
(1) The personal representatives of the deceased to whose estate an application under section 3 or 6 of the Act relates must produce in Court at the hearing of the application the probate or letters of administration under which the estate is being administered; and if the Court makes an order under the Act or an order dismissing the application the probate or letters of administration shall remain in the custody of the Court until section 5(3) of the Act has been complied with.
(2) the memorandum of the order required by section 5(3) of the Act to be indorsed or annexed as therein mentioned must set out the title of the proceedings in question and the operative part of the order in full.
ORDER 86
INHERITANCE (FAMILY PROVISIONS) ACT 1971
1. Interpretation. (O. 86 r. 1)
In this Order "Act" means the Inheritance. (Family Provisions) Act 1971 (Act 39).
2. Powers of Courts as to parties. (O. 86 r. 2)
(1) Without prejudice to its powers under Order 15, the Court may at any stage of proceedings under the Act by order direct that any person be added as a party to the proceedings or that notice of the proceedings be served on any person.
(2) Order 15, rule 13, shall apply to proceedings under the Act as it applies to the proceedings mentioned in paragraph (1) of that rule.
3. Affidavit in support to be filed. (O. 86 r. 3)
An affidavit in support of an originating summons by which an application under section 3 of the Act is made must be filed before the first hearing of the summons and Order 28, rule 3(3), shall apply accordingly.
4. Disposal of application in Chambers, etc. (O. 86 r. 4)
Any application under the Act in which it appears to the Court that the interests of an infant or other person under disability are affected may, if the Court thinks fit so direct, be disposed of in Chambers, but any order under section 3 or 6 of the Act shall be made by the Judge in person.
5. Applications in proceedings under section 3 of the Act. (O. 86 r. 5)
Where an order has been made on an application under section 3 of the Act, any subsequent application, whether made by a party to the proceedings in which such order was made, or by a person on whom notice of the application for the order was served or by or on behalf of such person as is mentioned in section 6(2) of the Act, must be made by summons in those proceedings.
6. Indorsement of memorandum on probate, etc. (O. 86 r. 6)
(1) The personal representatives of the deceased to whose estate an application under section 3 or 6 of the Act relates must produce in Court at the hearing of the application the probate or letters of administration under which the estate is being administered; and if the Court makes an order under the Act or an order dismissing the application the probate or letters of administration shall remain in the custody of the Court until section 5(3) of the Act has been complied with.
(2) the memorandum of the order required by section 5(3) of the Act to be indorsed or annexed as therein mentioned must set out the title of the proceedings in question and the operative part of the order in full.
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