95Release of rights under Chapter

#### 95 Release of rights under Chapter 95 Release of rights under Chapter (cf FPA 31 (1)–(6)) > > (1) A release by a person of the person’s rights to apply for a family provision order has effect only if it has been approved by the Court and to the extent that the approval has not been revoked by the Court. > > > (2) Proceedings for the approval by the Court of a release of a person’s rights to apply for a family provision order may be commenced before or after the date of the death of the person whose estate may be the subject of the order. > > > (3) The Court may approve of a release in relation to the whole or any part of the estate or notional estate of a person. > > > (4) In determining an application for approval of a release, the Court is to take into account all the circumstances of the case, including whether— > > > > > (a) it is or was, at the time any agreement to make the release was made, to the advantage, financially or otherwise, of the releasing party to make the release, and > > > > > (b) it is or was, at that time, prudent for the releasing party to make the release, and > > > > > (c) the provisions of any agreement to make the release are or were, at that time, fair and reasonable, and > > > > > (d) the releasing party has taken independent advice in relation to the release and, if so, has given due consideration to that advice. > > > (5) In this section— > > > > release of rights to apply for a family provision order means a release of such rights, if any, as a person has to apply for a family provision order, and includes a reference to— > > > > > (a) an instrument executed by the person that would be effective as a release of those rights if approved by the Court under this section, and > > > > > (b) an agreement to execute such an instrument. > > **ss 94–97:** Ins 2008 No 75, Sch 1 \[10\].