6 in determining whether and in what manner to

Info icon This preview shows pages 203–206. Sign up to view the full content.

View Full Document Right Arrow Icon
(6) In determining whether and in what manner to exercise its powers under this section, the court shall have regard to the circumstances in which any disposition was made and any valuable consideration which was given therefor, the relationship, if any, of the donee to the deceased, the conduct and financial resources of the donee and all the other circumstances of the case. 195
Image of page 203

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
(7) In this section "disposition" ( ) does not include – (a) any provision in a will, any such nomination as is mentioned in section 10(1) or any donatio mortis causa ; or (b) any appointment of property made, otherwise than by will, in the exercise of a special power of appointment, but, subject to these exceptions, includes any payment of money (including the payment of a premium under a policy of assurance) and any conveyance, assurance, appointment or gift of property of any description, whether made by an instrument or otherwise. (8) This section does not apply to any disposition made before the commencement of this Ordinance. [cf. 1975 c. 63 s. 10 U.K. ] 13. Contracts to leave property by will (1) Where an application is made to a court for an order under section 4 , the applicant may, in the proceedings on that application, apply to court for an order under this section. (2) Where on an application under subsection (1) the court is satisfied – (a) that the deceased made a contract by which he agreed to leave by his will a sum of money or other property to any person or by which he agreed that a sum of money or other property would be paid or transferred to any person out of his estate; and (b) that the deceased made that contract with the intention of defeating an application for financial provision under this Ordinance; and (c) that when the contract was made full valuable consideration for that contract was not given or promised by the person with whom or for the benefit of whom the contract was made (in this section referred to as "the donee") or by any other person; and (d) that the exercise of the powers conferred by this section would facilitate the making of financial provision for the applicant under this Ordinance, then, subject to the provisions of this section and of sections 14 and 15 , the court may make any one or more of the following orders, that is to say – 196
Image of page 204
(i) if any money has been paid or any other property has been transferred to or for the benefit of the donee in accordance with the contract, an order directing the donee to provide, for the purpose of the making of that financial provision, such sum of money or other property as may be specified in the order; (ii) if the money or all the money has not been paid or the property or all the property has not been transferred in accordance with the contract, an order directing the personal representatives not to make any payment or transfer any property, or not to make any further payment or transfer any further property, as the case may be, in accordance therewith or directing the personal representatives only to make such payment or transfer such property as may be specified in the order.
Image of page 205

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 206
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern