Section 69 — Property (Relationships) Act 1976: Chosen option may be set aside

69 Chosen option may be set aside (1) If a surviving spouse or partner has chosen option A or option B, the Court, on application by that spouse or partner, may set that choice aside. (2) The Court may set aside a choice of option only if— (a) it is satisfied that any of the following apply: (i) that the choice of option was not freely made: (ii) that the surviving spouse or partner did not fully understand the effect and implications of the choice: (iii) that since the choice of option was made, the surviving spouse or partner has become aware of information relevant to the making of a choice of option: (iv) that since the choice of option was made, a person (other than the surviving spouse or partner) has made an application under the Law Reform (Testamentary Promises) Act 1949 or the Family Protection Act 1955 in respect of the estate of the deceased spouse or partner; and (b) having regard to all the circumstances, it is satisfied that it would be unjust to enforce the choice of option. (3) In deciding whether or not to set aside a choice of option, the Court must have regard to the following matters: (a) the circumstances in which the choice of option was made: (b) the length of time since the choice was made: (c) any other matters that the Court considers relevant. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property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. Subsections (1) and (2) were 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 ” wherever they appear.