Section 73 — Property (Relationships) Act 1976: Distribution of estate while proceedings pending

73 Distribution of estate while proceedings pending (1) The administrator or trustee of the estate of a deceased spouse or partner must not distribute any part of that estate while proceedings are pending in respect of that estate. (2) Despite subsection (1) , a distribution may be made in any of the cases referred to in section 71(2) . (3) For the purposes of this section, proceedings are pending— (a) from the date on which the proceedings are commenced until— (i) the proceedings are finally determined; or (ii) the proceedings are withdrawn,— whichever happens first; and (b) on and from the date on which the proceedings are finally determined until— (i) the time for appealing against the decision of the Court expires, if no such appeal has been commenced; or (ii) if an appeal against the decision of the Court is commenced, when the appeal is finally determined or is withdrawn, whichever occurs first; and (c) while any further right of appeal (whether to the Court of Appeal or to the Supreme Court) subsists in relation to the proceedings, or while any such further appeal awaits determination. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property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. Subsection (1) 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 ” . Subsection (3)(c) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by substituting the words “ Supreme Court ” for the words “ Privy Council ” . See sections 50 to 55 of that Act for the transitional and savings provisions.