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CAP. 129]
Deceased's Family Maintenance.
[1971 Ed.
Liability for payment.
Power of court to release part of estate.
Interim orders. 1938 c. 45, s. 4A.
9. (1) If a deceased person dies leaving net estate situate in the Colony such net estate shall, whether the deceased at the time of his death was domiciled in the Colony or outside the Colony, be liable in accordance with the provisions of this Ordinance for the payment of any provision for maintenance ordered to be made under this Ordinance out of the net estate of the deceased as if the deceased at the time of his death had been domiciled in the Colony.
(2) The liability for the payment of any provision for maintenance ordered to be made under this Ordinance shall, unless the court otherwise orders, fall rateably upon the net estate of the deceased.
(3) The court may exonerate any part of the deceased's net estate from liability for the payment or payments for maintenance ordered to be made under this Ordinance after hearing such of the parties who may be affected by the exoneration as it thinks necessary, and may for that purpose direct any personal representative to represent, or appoint any person to represent, any such party.
10. (1) On application at any time by or on behalf of a person interested, whether beneficially or as trustee, in any property set aside or appropriated to answer by the income thereof any provision for maintenance ordered to be made under this Ordinance, the court may fix a periodical or lump sum which that person may pay to represent, or in commutation of, such proportion of the provision as falls upon that property, and may order that on such security as the court thinks fit being given for the payment of the periodical sum or on payment of the lump sum, as the case may be, that property shall be freed from all liability for the provision for maintenance.
(2) The court may give such consequential directions as it thinks fit for the purpose of giving effect to an order made under this section, including directions as to whom the lump sum shall be paid and as to the manner in which it shall be invested for the benefit of the person to whom the commuted payment was payable.
11. (1) Where on an application for maintenance under this Ordinance it appears to the court-
(a) that the applicant is in immediate need of financial assistance, but it is not yet possible to determine what order, if any, should be made on the application for the provision of maintenance for the applicant; and
(b) that property forming part of the net estate of the deceased is or can be made available to meet the needs of the applicant,