15.1(1)In this section

15.1(2)A person who has made a will and who subsequently marries and dies shall be deemed to have died intestate if the person dies

15.1(3)Where a person is deemed under subsection (2) to have died intestate, a person who is a beneficiary under the will but who will take no part of the deceased’s estate on intestacy may apply to the Court within four months after the deceased’s death for effect to be given to the devise or bequest in the will.

15.1(4)On an application under subsection (3), the Court may order that effect be given to any devise or bequest, or any part of it, contained in the will if such an order can be made without undue detriment to a person who would otherwise take any part of the deceased’s estate on intestacy.

15.1(5)Without limiting the generality of subsection (4), the Court may consider that a detriment to a person who is entitled to part of the deceased’s estate on intestacy and who is a beneficiary under the will is not an undue detriment if that person will receive, as a result of an order made under subsection (4), no less than the person would have been entitled to under the will.

15.1(6)Notwithstanding subsection (3), the Court may, after the expiration of the period referred to in that subsection, if the Court considers it just, allow an application to be made under that subsection in respect of any portion of the deceased’s estate remaining undistributed at the date of the application.

15.1(1)In this section

15.1(2)A person who has made a will and who subsequently marries and dies shall be deemed to have died intestate if the person dies

15.1(3)Where a person is deemed under subsection (2) to have died intestate, a person who is a beneficiary under the will but who will take no part of the deceased’s estate on intestacy may apply to the Court within four months after the deceased’s death for effect to be given to the devise or bequest in the will.

15.1(4)On an application under subsection (3), the Court may order that effect be given to any devise or bequest, or any part of it, contained in the will if such an order can be made without undue detriment to a person who would otherwise take any part of the deceased’s estate on intestacy.

15.1(5)Without limiting the generality of subsection (4), the Court may consider that a detriment to a person who is entitled to part of the deceased’s estate on intestacy and who is a beneficiary under the will is not an undue detriment if that person will receive, as a result of an order made under subsection (4), no less than the person would have been entitled to under the will.

15.1(6)Notwithstanding subsection (3), the Court may, after the expiration of the period referred to in that subsection, if the Court considers it just, allow an application to be made under that subsection in respect of any portion of the deceased’s estate remaining undistributed at the date of the application.

15.1(1)In this section

15.1(2)A person who has made a will and who subsequently marries and dies shall be deemed to have died intestate if the person dies

15.1(3)Where a person is deemed under subsection (2) to have died intestate, a person who is a beneficiary under the will but who will take no part of the deceased’s estate on intestacy may apply to the Court within four months after the deceased’s death for effect to be given to the devise or bequest in the will.

15.1(4)On an application under subsection (3), the Court may order that effect be given to any devise or bequest, or any part of it, contained in the will if such an order can be made without undue detriment to a person who would otherwise take any part of the deceased’s estate on intestacy.

15.1(5)Without limiting the generality of subsection (4), the Court may consider that a detriment to a person who is entitled to part of the deceased’s estate on intestacy and who is a beneficiary under the will is not an undue detriment if that person will receive, as a result of an order made under subsection (4), no less than the person would have been entitled to under the will.

15.1(6)Notwithstanding subsection (3), the Court may, after the expiration of the period referred to in that subsection, if the Court considers it just, allow an application to be made under that subsection in respect of any portion of the deceased’s estate remaining undistributed at the date of the application.