|481||Title:||INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ORDINANCE||Gazette Number:|
|Section:||11||Heading:||Property held on a joint tenancy||Version Date:||30/06/1997|
(1) Where a deceased person was immediately before his death beneficially entitled to a joint tenancy of any property, then, if, before the end of the period of 6 months from the date on which representation with respect to the estate of the deceased was first taken out, an application is made for an order under section 4, the court for the purpose of facilitating the making of financial provision for the applicant under this Ordinance may order that the deceased's severable share of that property, at the value thereof immediately before his death, shall, to such extent as appears to the court to be just in all the circumstances of the case, be treated for the purposes of this Ordinance as part of the net estate of the deceased.
(2) In determining the extent to which any severable share is to be treated as part of the net estate of the deceased by virtue of an order under subsection (1), the court shall have regard to any estate duty payable in respect of that severable share.
(3) Where an order is made under subsection (1), this section shall not render any person liable for anything done by him before the order was made.
(4) For the avoidance of doubt it is hereby declared that for the purposes of this section there may be a joint tenancy of a chose in action.
(5) This section does not apply to a joint tenancy of any property created before the commencement of this Ordinance.