MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978

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MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 38



38.(1) Where a maintenance agreement within the meaning of Article 36 provides
for the continuation of payments under the agreement after the death of one of
the parties and that party dies domiciled in Northern Ireland, the surviving
party or the personal representatives of the deceased party may, subject to
paragraphs (2) and (3), apply to the High Court or a county court for an order
under Article 37 and, accordingly, for the purposes of this Article, any
reference in Article 37 to the court includes a reference to a county court
(whether a divorce county court or not).

(2) An application under this Article shall not, except with the permission of
the High Court or a county court, be made after the end of the period of six
months from the date on which representation in regard to the estate of the
deceased is first taken out.

(3) A county court shall have jurisdiction by virtue of this Article only
where it is shown to the satisfaction of the court that, at the date of the
death of the deceased, the property included in his net estate (that is to
say, all property of which he had power to dispose 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
capital transfer tax payable out of his estate on his death) did not exceed
[#15,000] in value.

(4) If a maintenance agreement is altered by a court on an application made in
pursuance of paragraph (1), the like consequences shall ensue as if the
alteration had been made immediately before the death by agreement between the
parties and for valuable consideration.

(5) The provisions of this Article shall not render the personal
representatives of the deceased liable for having distributed any part of the
estate of the deceased after the expiration of the period of six months
referred to in paragraph (2) on the ground that they ought to have taken into
account the possibility that a court might permit an application by virtue of
this Article to be made by the surviving party after that period; but this
paragraph shall not prejudice any power to recover any part of the estate so
distributed arising by virtue of the making of an order in pursuance of this
Article.

(6) Article 33(9) shall apply for the purposes of paragraph (2) as it applies
for the purposes of paragraph (6) of Article 33.

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Northern Irish Legislation

MATRIMONIAL CAUSES (NORTHERN IRELAND) ORDER 1978 - SECT 38