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CAP. 129]
Deceased's Family Maintenance.
Restrictions on dealings with provisions for maintenance.
Additional provisions as
to orders under this Ordinance. 1938 c. 45,
s. 2(1B), (1C).
Dependant to be deemed
a person interested for purposes of grant of administration. 1938 c. 45, s. 2(2),
Rules, etc.
[1971 Ed.
(4) In this section "relevant property" means property the income of which is at the date of the application applicable under an order made under this Ordinance for the maintenance of a dependant of the deceased.
13. (1) No mortgage or assignment of or charge on, or agreement to mortgage, assign or charge, a provision for maintenance in anticipation of the court ordering that provision to be made shall have effect until approved by the court.
(2) No mortgage or assignment of or charge on, or agreement to mortgage, assign or charge, a provision for maintenance which the court has ordered to be made, other than a provision by way of a lump sum payment, shall have effect until approved by the court.
14. (1) The provisions of this Ordinance shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the period of six months mentioned in section 6 on the ground that they ought to have taken into account the possibility that the court might permit an application under this Ordinance after the end of that period or that an application might be made under section 12, but this section shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order under this Ordinance.
(2) In considering for the purposes of this section or section 6 the question when representation was first taken out, a grant limited to part only of the estate of the deceased shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time.
15. For the purposes of any law which relates to the discretion of the court as to the persons to whom administration is to be granted, a dependant of a deceased person by whom or on whose behalf an application under this Ordinance is proposed to be made shall be deemed to be a person interested in the deceased's estate.
16. The Chief Justice may make rules for the better carrying out of the purposes and provisions of this Ordinance and in particular, but without prejudice to the generality of the foregoing—
(a) as to all matters of practice and procedure and incidental matters arising out of this Ordinance;
(b) prescribing the forms to be used under this Ordinance,
and
(c) prescribing the fees and costs to be paid, charged or allowed under this Ordinance.