Section 58 — Property (Relationships) Act 1976: Rights of creditors preserved

58 Rights of creditors preserved (1) If, had this Act not been passed, any property would have become vested in an appointee (within the meaning of section 378(1) of the Insolvency Act 2006) on an order being made under section 379 of that Act to administer the estate of a deceased spouse or partner under Part 6 of that Act, then that property (and no other property) becomes vested in an appointee as if this Act had not been passed. (2) If, had this Act not been passed, any property that is included in the estate of a deceased spouse or partner could have been dealt with in accordance with section 31 of the Administration Act 1969 , then that property (and no other property) may be dealt with under that section as if this Act had not been passed. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Section 58 was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” in both places they appear. Section 58(1): substituted, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).