CAP. 73]
Application to cases of partial intestacy.
1925 c. 23, s. 49.
Intestates' Estates
[1986 Ed.
(4) An appropriation shall not be made under this section unless notice of the intended appropriation has been served on all parties entitled to a share in the residuary estate (other than persons who may come into existence after the time of the appropriation or who cannot after reasonable inquiry be found or ascertained at that time); any one of which parties may within 6 weeks from the service of such notice on him apply to the court to prohibit the appropriation.
(5) Unless the court on an application made to it under subsection (4) otherwise directs, an appropriation made pursuant to this section shall bind all persons interested in the residuary estate of the intestate under this Ordinance. (Amended, L.N.171(74))
(6) Where the surviving husband or wife is a personal representative the powers conferred by this section may be exercised in his or her own favour.
(7) An appropriation made under this section shall be satisfaction, to the amount of the value of the personal chattels appropriated, of the net sum of $50,000 or $200,000, as the case may be, payable to the surviving husband or wife or that sum diminished in accordance with section 8, and interest on that sum.
(8) If the surviving husband or wife is a person of unsound mind the right under this section may be exercised on behalf of such husband or wife by the guardian or committee of such husband or wife.
(9) The exercise of the right under this section by a surviving husband or wife who is an infant shall be as valid and binding as it would be if the surviving husband or wife were of age.
8. (1) Where any person dies leaving a will effectively disposing of part of his property or any interest therein, this Ordinance shall have effect as respects the part of his property not so disposed of, subject to the provisions contained in the will and subject further to the following modifications:-
(a) where the deceased leaves a husband or wife who acquires any beneficial interests under the will of the deceased (other than personal chattels specifically bequeathed), the references in this Ordinance to the net sum of $50,000 or $200,000, as the case may be, payable to a surviving husband or wife, and to interest on that sum, shall be taken as references to the said sum diminished by the value at the date of death of the said beneficial interests, and to interest on that sum as so diminished; and, accordingly, where the said value exceeds the said sum, this Ordinance shall have effect as if references to the said sum, and interest thereon, were omitted;
(b) the requirements of section 5 as to bringing property into account shall apply to any beneficial interests acquired by any issue of the deceased under the will of the deceased, but not to beneficial interests so acquired by any other person.
8
CAP. 73]
Application to cases of partial intestacy.
1925 c. 23, s. 49.
Intestates' Estates
[1986 Ed.
(4) An appropriation shall not be made under this section unless notice of the intended appropriation has been served on all parties entitled to a share in the residuary estate (other than persons who may come into existence after the time of the appropriation or who cannot after reasonable inquiry be found or ascertained at that time) anyone of which parties may within 6 weeks from the service of such notice on him apply to the court to prohibit the appropriation.
(5) Unless the court on an application made to it under subsection (4) otherwise directs, an appropriation made pursuant to this section shall bind all persons interested in the residuary estate of the intestate under this Ordinance. (Amended, L.N. 171(74)
(6) Where the surviving husband or wife is a personal representative the powers conferred by this section may be exercised in his or her own favour.
(7) An appropriation made under this section shall be satisfac- tion, to the amount of the value of the personal chattels appro- priated, of the net sum of $50,000 or $200,000, as the case may be, payable to the surviving husband or wife or that sum diminished in accordance with section 8, and interest on that sum.
(8) If the surviving husband or wife is a person of unsound mind the right under this section may be exercised on behalf of such husband or wife by the guardian or committee of such husband or wife.
(9) The exercise of the right under this section by a surviving husband or wife who is an infant shall be as valid and binding as it would be if the surviving husband or wife were of age.
8. (1) Where any person dies leaving a will effectively dispos- ing of part of his property or any interest therein, this Ordinance shall have effect as respects the part of his property, not so disposed of subject to the provisions contained in the will and subject further to the following modifications:-
(a) where the deceased leaves a husband or wife who acquires any beneficial interests under the will of the deceased (other than personal chattels specifically bequeathed) the references in this Ordinance to the net sum of $50,000 or $200,000, as the case may be, payable to a surviving husband or wife, and to interest on that sum, shall be taken as references to the said sum diminished by the value at the date of death of the said beneficial interests, and to interest on that sum as so diminished and, accordingly, where the said value exceeds the said sum, this Ordinance shall have effect as if references to the said sum, and interest thereon. were omitted;
(b) the requirements of section 5 as to bringing property into account shall apply to any beneficial interests acquired by any issue of the deceased under the will of the deceased. but not to beneficial interests so acquired by any other person.
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