(2) Unless the Court otherwise orders the burden of S. 97(2) any such provision shall as between the person amended by No. 6920 beneficially entitled to the estate of the deceased s. 9(a). be borne by those persons in proportion to the values of their respective estates and interests in such estate: Provided that the estates and interests of persons successively entitled to any property which is settled by such will shall not for the purposes of this subsection be separately valued but the proportion of the provision made under this Part to be borne by such property shall be raised out of or charged against the corpus of such property. S. 97(3) (3) The Court shall in every case in which a family amended by provision order is made under this Part direct that Nos 6920 s. 9(b), a certified copy of such order be attached to the 10/1994 probate of the will or letters of administration and s. 4(4)(a)(i)(ii), for that purpose shall retain in its custody such 80/2014 s. 6(3). probate or letters of administration until such copy is attached. S. 97(4) (4) Subject to this Part, a family provision order substituted by operates and takes effect— Nos 6920 s 9(c), 80/2014 (a) if the deceased dies leaving a will disposing s. 6(4). of the whole or any part of the deceased's estate, as if the provision made by the family provision order had been made by the deceased by executing a codicil to that will immediately before the deceased's death; or (b) if the deceased dies without leaving a will— (i) as a modification of Division 6 of Part I in respect of so much of the deceased's estate as is affected by the family provision order; and (ii) as if the provision made by the family provision order had been made by the deceased in the deceased's will.
S. 97(2) amended by No. 6920 s. 9(a). (2) Unless the Court otherwise orders the burden of any such provision shall as between the person beneficially entitled to the estate of the deceased be borne by those persons in proportion to the values of their respective estates and interests in such estate: Provided that the estates and interests of persons successively entitled to any property which is settled by such will shall not for the purposes of this subsection be separately valued but the proportion of the provision made under this Part to be borne by such property shall be raised out of or charged against the corpus of such property. S. 97(3) amended by Nos 6920 s. 9(b), 10/1994 s. 4(4)(a)(i)(ii), 80/2014 s. 6(3). (3) The Court shall in every case in which a family provision order is made under this Part direct that a certified copy of such order be attached to the probate of the will or letters of administration and for that purpose shall retain in its custody such probate or letters of administration until such copy is attached. S. 97(4) substituted by Nos 6920 s 9(c), 80/2014 s. 6(4). (4) Subject to this Part, a family provision order operates and takes effect— (a) if the deceased dies leaving a will disposing of the whole or any part of the deceased's estate, as if the provision made by the family provision order had been made by the deceased by executing a codicil to that will immediately before the deceased's death; or (b) if the deceased dies without leaving a will— (i) as a modification of Division 6 of Part I in respect of so much of the deceased's estate as is affected by the family provision order; and (ii) as if the provision made by the family provision order had been made by the deceased in the deceased's will.
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