(3) The Court shall in every case in which a family S. 97(3) provision order is made under this Part direct that amended by Nos 6920 a certified copy of such order be attached to the s. 9(b), probate of the will or letters of administration and 10/1994 s. 4(4)(a)(i)(ii), for that purpose shall retain in its custody such 80/2014 probate or letters of administration until such copy s. 6(3). is attached. (4) Subject to this Part, a family provision order S. 97(4) 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. (5) The Court may at any time and from time to time S. 97(5) amended by on the application of the executor or administrator Nos 10/1994 of the testator's estate or of any person s. 4(4)(b)(i)(ii), 88/1997 beneficially entitled to or interested in any part of s. 59(2), the estate of the testator rescind or alter any family 80/2014 s. 6(5). provision order. (5A) Notice of an application under subsection (5) must S. 97(5A) inserted by be served on all persons taking any benefit under No. 80/2014 the family provision order sought to be rescinded s. 6(6). or altered.
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. S. 97(5) amended by Nos 10/1994 s. 4(4)(b)(i)(ii), 88/1997 s. 59(2), 80/2014 s. 6(5). (5) The Court may at any time and from time to time on the application of the executor or administrator of the testator's estate or of any person beneficially entitled to or interested in any part of the estate of the testator rescind or alter any family provision order. S. 97(5A) inserted by No. 80/2014 s. 6(6). (5A) Notice of an application under subsection (5) must be served on all persons taking any benefit under the family provision order sought to be rescinded or altered.
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