provision for maintenance thereby made than such a part as, at the date of the
order, is sufficient to produce by the income thereof the amount of the said
provision. 46E. (1) On an application made at a date after the expiration of the
period specified in subsection (1) of section 46C of this Act, the court may make
such an order as is hereinafter mentioned, but only as respects property the
income of which is at the date applicable for the maintenance of a dependant of
the deceased, that is to say,
(a) An order for varying the previous order on the ground that any material fact
was not disclosed to the court when the order was made, or that any
substantial change has taken place in the circumstances of the dependant or of
a person beneficially interested in the property under the will; or
(b) An order for making provision for the maintenance of another dependant of
the deceased.
(2) An application to the court for an order under paragraph (a) of the preceding
subsection may be made by or on behalf of a dependant of the deceased or by the
trustees of the property or by or on behalf of a person beneficially interested
therein under the will.
46F. (1) Where, on application for maintenance under this Act, 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 estate of the deceased is or can be made
available to meet the need of the applicant, the court may order that, subject to
such conditions or restrictions, if any, as the court may impose and any further
order of the court, there shall be paid to or for the benefit of the applicant out
of the deceased’s estate such sum or sums and (if more than one) at such
intervals as the court thinks reasonable.
(2) In determining what order 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 the provisions of subsection (2) of this section, section 46D of this
Act shall apply in relation to an order under this section as it applies in relation to
an order providing for maintenance.
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