Power of court to release part of estate.
Interim orders. 1938, C. 45, 1. 4A,
6
9. (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 Ordin- ance, the court may fix a periodical or lump sum which that person may pay to represent, or in commutation of, such propor- tion 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.
10. (1) Where on an application for maintenance under this Ordinance it appears to the court-
(2) 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
(6) that property forming part of the net estate of the deceased is or can be made available to meet the needs of the applicant,
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 oul 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 applica+ tion 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 7 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.
11. (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, dis- charge 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, includ- ing any change in the circumstances to which the court was required to have regard in determining the application for the original order.
(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.
12. (1) No mortgage or assignment of or charge on, or agree- ment 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 assigament of or charge on, or agreement Lo 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.
Discharge and variation of orders and additional provision. 1965, c. 72, a. 27.
Restrictions on dealings with provisions for mainte- hance.