Section 74 — Property (Relationships) Act 1976: Distribution of estate not to be disturbed

74 Distribution of estate not to be disturbed (1) This section applies where any part of the estate of a deceased spouse or partner has been distributed— (a) before the personal representative of that spouse or partner receives notice that an application has been made to the Court— (i) under section 62(2) for an extension of the time for choosing option A or option B; or (ii) under section 69 for the setting aside of a choice of option A or option B; or (iii) under section 77 for an order that a surviving spouse or partner who has chosen option A may also take under the will of the deceased spouse or partner or on his or her intestacy or partial intestacy; or (iv) under section 89(2) or section 90(2) for an extension of the time for making an application; and (b) after every notice (if any) of an intention to make an application has lapsed in accordance with section 48(1) of the Administration Act 1969 . (2) Where this section applies,— (a) the making of the application does not disturb the distribution; and (b) no order made in respect of the application may disturb the distribution; and (c) no action lies against the personal representative for having made the distribution. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property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 ” wherever they appear.