INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Application of Act

 

PART II
Application for financial provision

   4   Application for financial provision from deceased's estate

   5   Time limit for applications

 

PART III
Orders

   6   Powers of Court to make orders

   7   Matters to which Court is to have regard in exercising powers under section 6

   8   Interim orders

   9   Incidence of payments ordered

   10   Variation of orders for periodical payments

   11   Variation of orders for payment of lump sums

   12   Termination of orders on remarriage of former wife or husband

 

PART IV
Powers of Court in relation to transactions intended
to defeat application for Financial provision

   13   Dispositions intended to defeat application for financial provisions

   14   Contracts to cave property by will

   15   Provisions supplementary to section 13

   16   Provisions as to trustees in relation to section 13

 

PART V
Miscellaneous and Supplementary Provisions.

   17   Provisions as to personal representatives

   18   Determination of date on which representative was first taken out

   19   Effective date of will or law relating to intestacy

   20   Registration. Orders

 

THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT

[Date of Commencement: 20th May, 1993]

Act 14 of 1993.

PART I
Preliminary

1   Short title

   This Act may be cited as the Inheritance (Provision for Family and Dependants) Act.

2   Interpretation

   In this Act-

   "beneficiary" in relation to the estate of a deceased person means a person who under the will of the deceased or under the law relating to intestacy is beneficially interested in the estate. or would be so interested if an order had. not been made under this Act;

   "child" means a child under the age of eighteen years and includes-

   (a)   a child. adopted in pursuance of an adoption order made under the Children (Adoption of) Act or a child adopted in pursuance of any law in a country other than Jamaica where that law is recognised by the law of Jamaica as conferring upon the child in question, in relation to the child's custody, maintenance and education, the status of a child of the adopter or adopters;

   (b)   a child en ventre sa mere at the death of the deceased;

   (c)   a child of the deceased's husband or wife, as the case may be, who had been accepted as one of the family by the deceased,

so, however, that a child of or over the age of eighteen years may be regarded as a child for the purposes of this definition-

         (i)   if such child is under the age of twenty-three years and pursuing academic studies or receiving trade or professional ;instructions; or

         (ii)   if there are special circumstances (including physical and mental disability) which justify the disregard of the age limit;

   "court'' means the Court for the time being having jurisdiction over the probate of the will or the administration of the estate or both, of the deceased person;

   "former wife" or 'former husband", as the case may be, means a person whose marriage with the deceased was during the deceased's lifetime dissolved or annulled by a decree of divorce or of nullity of marriage and who has not remarried;

   "net estate", in relation to a deceased person, means-

   (a)   property which the deceased had power to dispose of by his will (otherwise than by virtue of a special power of appointment) less the amount of his funeral, testamentary and administration expenses, debts and liabilities, including any transfer or other tax payable out of his estate on his death, and for the purposes of this paragraph a person who is not of full age and capacity shall be treated as having power to dispose of by will property of which he would have had power to dispose by will if he had been of full age and capacity;

   (b)   other property including any sum of money which is treated for the purposes of this Act as part of the net estate of the deceased;

   (c)    other property including any sum of money which is, by reason of a disposition made by the deceased, ordered under section 13 to be provided for the purpose of the making of financial provision under this Act;

   "parent" includes a person who was in loco parentis to the deceased immediately before his death;

   "property" means all property (whether movable or immovable)-

   (a)   in Jamaica or elsewhere, where the deceased was domiciled in Jamaica; or

   (b)    in Jamaica, where the deceased was not domiciled in Jamaica;

   "valuable consideration" does not include marriage or a promise of marriage;

   "wife" or "husband", as the case may be' includes a person who in good faith entered in to a void marriage with the deceased, unless either-

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.