4(1)When a spouse dies, the surviving spouse, on application to the Court, is entitled as against the estate of the deceased spouse to have the marital property divided in equal shares; and in any division of marital property the Court shall, if the applicant so applies, order the deceased spouse’s interest in the marital home and such household goods as may be regarded as necessary to the use and enjoyment of the marital home to vest in the surviving spouse unless, taking into account the considerations set out in section 7 and any claim another person might have to the property, the Court considers that another order would be the fair and equitable order in the circumstances.

4(2)As between the entitlement of the surviving spouse to have the marital property divided in equal shares, and the duty of the Court, if it arises, in relation to the marital home and household goods, whichever is the more beneficial to the surviving spouse prevails.

4(3)Subject to subsection (4), no application shall be made under subsection (1) later than four months after the death of the deceased spouse.

4(4)The Court may extend the limitation period by such length of time and on such terms as it considers just, if a person is prevented from making an application within the limitation period fixed in subsection (3) by

4(5)When an application is made under subsection (1), if, in the opinion of the Court, the making of the order would be fair and equitable in the circumstances, the Court may order a person to whom any property has been distributed out of the estate of the deceased spouse

4(6)Any bequest or devise contained in the last will and testament of a deceased spouse, including a specific bequest or devise, and any vesting of property provided by law on an intestacy, is superseded by the rights prescribed in subsection (1).

4(7)Subject to subsection (6), in determining any matter respecting the division of marital property under subsection (1) the Court shall, as far as is practicable, divide the property so that the express wishes of the testator may be honoured in respect of specific devises and bequests and the administration of property on behalf of the beneficiaries.

4(8)On a division of marital property under subsection (1), if the Court has made an order that does not honour the express wishes of a testator, and it is satisfied that the effect of its order is such that it would not be the wish of the testator that what is left in the testator’s estate be distributed according to the will, the Court may make such further orders as to the distribution of the testator’s estate as will, in the Court’s opinion, best represent the distribution that the testator would have made if, in the will, the testator had left to the surviving spouse the property that the surviving spouse will receive under the order of the Court.

4(9)In the implementation of subsection (8), the Court may presume, in the absence of evidence to the contrary, that any wishes of a testator expressed in a will were intended to be carried out in relation to the property in the testator’s estate at the time of death and not to the property remaining in the testator’s estate after a division of marital property under this section.

4(10)The authority of a court under the Provision for Dependants Act is subject to the rights of a surviving spouse to a division of marital property under this section.

4(1)When a spouse dies, the surviving spouse, on application to the Court, is entitled as against the estate of the deceased spouse to have the marital property divided in equal shares; and in any division of marital property the Court shall, if the applicant so applies, order the deceased spouse’s interest in the marital home and such household goods as may be regarded as necessary to the use and enjoyment of the marital home to vest in the surviving spouse unless, taking into account the considerations set out in section 7 and any claim another person might have to the property, the Court considers that another order would be the fair and equitable order in the circumstances.

4(2)As between the entitlement of the surviving spouse to have the marital property divided in equal shares, and the duty of the Court, if it arises, in relation to the marital home and household goods, whichever is the more beneficial to the surviving spouse prevails.

4(3)Subject to subsection (4), no application shall be made under subsection (1) later than four months after the death of the deceased spouse.

4(4)The Court may extend the limitation period by such length of time and on such terms as it considers just, if a person is prevented from making an application within the limitation period fixed in subsection (3) by

4(5)When an application is made under subsection (1), if, in the opinion of the Court, the making of the order would be fair and equitable in the circumstances, the Court may order a person to whom any property has been distributed out of the estate of the deceased spouse

4(6)Any bequest or devise contained in the last will and testament of a deceased spouse, including a specific bequest or devise, and any vesting of property provided by law on an intestacy, is superseded by the rights prescribed in subsection (1).

4(7)Subject to subsection (6), in determining any matter respecting the division of marital property under subsection (1) the Court shall, as far as is practicable, divide the property so that the express wishes of the testator may be honoured in respect of specific devises and bequests and the administration of property on behalf of the beneficiaries.

4(8)On a division of marital property under subsection (1), if the Court has made an order that does not honour the express wishes of a testator, and it is satisfied that the effect of its order is such that it would not be the wish of the testator that what is left in the testator’s estate be distributed according to the will, the Court may make such further orders as to the distribution of the testator’s estate as will, in the Court’s opinion, best represent the distribution that the testator would have made if, in the will, the testator had left to the surviving spouse the property that the surviving spouse will receive under the order of the Court.

4(9)In the implementation of subsection (8), the Court may presume, in the absence of evidence to the contrary, that any wishes of a testator expressed in a will were intended to be carried out in relation to the property in the testator’s estate at the time of death and not to the property remaining in the testator’s estate after a division of marital property under this section.

4(10)The authority of a court under the Provision for Dependants Act is subject to the rights of a surviving spouse to a division of marital property under this section.