49
In forceEffect of death of party on application
Chapter 3Relationship agreements, property and maintenance
Part 3.3Property and maintenance
Division 3Adjustment of interests in property
49 Effect of death of party on application
(1)
If either party to the application dies before an application for an order under section 45 is determined, the application may be continued by or against the legal personal representative of the deceased party.
(2)
A court may make an order if it is of the opinion—
(a)
that it would have adjusted interests in respect of property if the deceased party had not died; and
(b)
that, notwithstanding the death of the deceased party, it is still appropriate to adjust those interests.
(3)
The order may be enforced on behalf of, or against, the estate of the deceased party.
This Act’s bill:Explanatory memorandumSecond reading speech
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.