Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010


Applications for provision from estate of deceased civil partner.

127.— (1) A civil partner may, after the death of his or her civil partner but not more than 6 months after representation is first granted under the Succession Act 1965 in respect of that civil partner’s estate, apply for an order under this section for provision out of the estate.

(2) The court may by order make the provision for the applicant that the court considers appropriate having regard to the rights of any other person having an interest in the matter, if the court is satisfied that proper provision in the circumstances was not made for the applicant during the lifetime of the deceased for any reason other than conduct by the applicant that, in the opinion of the court, it would in all the circumstances be unjust to disregard.

(3) The court shall not make an order under this section in favour of a civil partner who has registered in a new civil partnership, or has married, since the granting of the decree of dissolution.

(4) In considering whether to make an order under this section, the court shall have regard to all the circumstances of the case, including—

(a) any order made under section 117(1)(c) or a property adjustment order made under section 118 in favour of the applicant, and

(b) any devise or bequest made by the deceased in favour of the applicant.

(5) The total value for the applicant of the provision made by an order referred to in subsection (4)(a) on the date on which that order was made and an order made under this section shall not exceed any share of the applicant in the estate of the deceased civil partner to which the applicant was entitled or, if the deceased civil partner died intestate as to the whole or part of his or her estate, would have been entitled, if the civil partnership had not been dissolved, under the Succession Act 1965 as amended by Part 8.

(6) The applicant shall give notice of an application under this section to any spouse or other civil partner of the deceased and to any other persons that the court may direct and, in deciding whether to make the order and in determining the provisions of the order, the court shall have regard to any representations made by any of those persons.

(7) The personal representative of a deceased civil partner in respect of whom a decree of dissolution has been granted shall make a reasonable attempt to ensure that notice of the death is brought to the attention of the other civil partner concerned and, where an application is made under this section, that personal representative shall not, without leave of the court, distribute any of the estate of the deceased civil partner until the court makes or refuses to make an order under this section.

(8) A civil partner shall notify the personal representative of the deceased civil partner not later than one month after receipt of the notice referred to in subsection (7) if the other civil partner—

(a) intends to apply for an order under this section,

(b) has applied for an order under this section and the application is pending, or

(c) has successfully obtained an order under this section.

(9) If the civil partner does not notify the personal representative as required by subsection (8), the personal representative may distribute the assets of the deceased civil partner or any part of them amongst the persons entitled to them and is not liable to the civil partner for that distribution.

(10) Nothing in this section prejudices the rights of the civil partner to follow assets into the hands of a person who has received them.

(11) On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by either of the civil partners, may make an order that either or both of the civil partners may not, on the death of either of them, apply for an order under this section, if the court considers it just to do so.

(12) In this section, “civil partner” means a civil partner whose civil partnership has been dissolved.