1971 Ed.]
Deceased's Family Maintenance.
[CAP. 129
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the court may order, subject to such conditions or restrictions, if any, as the court may impose and to any further order of the court, that there shall be paid to or for the benefit of the applicant out of the net estate of the deceased such sum or sums and, if more than one, at such intervals as the court thinks reasonable.
(2) In determining what order, if any, should be made under this section the court shall, so far as the urgency of the case admits, take account of the same considerations as would be relevant in determining what order should be made on the application for the provision of maintenance for the applicant; and any subsequent order for the provision of maintenance may provide that sums paid to or for the benefit of the applicant by virtue of this section shall be treated to such extent, if any, and in such manner as may be provided by that order as having been paid on account of the maintenance provided for by that order.
(3) Subject to subsection (2), section 8 shall apply in relation to an order under this section as it applies in relation to an order providing for maintenance under section 4.
(4) Where the personal representative of the deceased pays any sum directed by an order under this section to be paid out of the net estate of the deceased, he shall not be under any liability by reason of that estate not being sufficient to make the payment, unless at the time of making the payment he has reasonable cause to believe that estate is not sufficient.
12. (1) Subject to the provisions of this section, where an order (in this section referred to as "the original order") has been made under section 4, the court may by order at any time and from time to time, on an application made under this section, discharge or vary the original order or suspend any provision of it temporarily or revive the operation of any provision so suspended and may reduce or increase the amount of the provision so made by the original order for any dependant, or make such other order as is just in the circumstances.
(2) An application under this section may be made by any of the following persons, that is to say-
(a) the dependant on whose application the original order was made;
(b) any other dependant of the deceased;
(c) the trustees of any relevant property;
(d) any person who, under the will of the deceased or under the law relating to intestacy, is beneficially interested in any relevant property.
(3) In exercising the powers conferred by this section, the court shall have regard to all the circumstances of the case, including any change in the circumstances to which the court was required to have regard in determining the application for the original order.
Discharge and variation of orders and additional provision.
1965 c. 72, s. 27.