10 Dispositions intended to defeat applications for financial provision
Inheritance (Provision for Family and Dependants) Act 1975 (1975 c 63) | Legislation

Powers of court in relation to transactions intended to defeat applications for financial provision

10  Dispositions intended to defeat applications for financial provision

(1)     Where an application is made to the court for an order under section 2 of this Act, the applicant may, in the proceedings on that application, apply to the court for an order under subsection (2) below.

(2)     Where on an application under subsection (1) above the court is satisfied—

(a)     that, less than six years before the date of the death of the deceased, the deceased with the intention of defeating an application for financial provision under this Act made a disposition, and

(b)     that full valuable consideration for that disposition was not given by the person to whom or for the benefit of whom the disposition was made (in this section referred to as “the donee”) or by any other person, and

(c)     that the exercise of the powers conferred by this section would facilitate the making of financial provision for the applicant under this Act,

then, subject to the provisions of this section and of sections 12 and 13 of this Act, the court may order the donee (whether or not

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