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1970 c. 45. s. 36.
Discharge and variation of orders under s. 38.
1965 c. 72, s. 7.
CAP. 179]
Matrimonial Causes
[1983 Ed.
(5A) For the avoidance of doubt it is hereby declared that references in this section to remarriage include references to a marriage which is by law void or voidable. Added. 39 of 1972, s. 33)
(6) In this section and section 39–
"dependant" shall include-
(a) a wife or husband;
(b) a daughter who has not been married, or who is, by reason of some mental or physical disability, incapable of maintaining herself;
(c) an infant son; or
(d) a son who is, by reason of some mental or physical disability, incapable of maintaining himself:
"former spouse", in relation to a deceased person, means a person whose marriage with the deceased was during the deceased's lifetime dissolved or annulled;
"net estate" means all the property of which a deceased person had power to dispose by his will (otherwise than by virtue of a special power of appointment) less the amount of his funeral, testamentary and administration expenses, debts and liabilities and estate duty payable out of his estate on his death.
39. (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 38, the court, on an application under this section, shall have power by order to discharge or vary the original order or to suspend any provision of it temporarily and to revive the operation of any provision so suspended.
(2) An application under this section may be made by any of the following persons, that is to say----
(a) the former spouse on whose application the original order was made:
(b) any other former spouse of the deceased;
(c) any dependant of the deceased:
(d) the trustees of any relevant property:
(e) any person who, under the will or codicil of the deceased or under the law relating to intestacy, is beneficially interested in any relevant property.
(3) An order under this section varying the original order, or reviving any suspended provision of it, shall not be made so as to affect any property which, at the time of the application for the order under this section, is not relevant property.