the court may order that such reasonable provision as the court thinks fit shall, subject
to such conditions or restriction, if any as the court may impose, be made out of the
deceased’s estate for the maintenance of that dependent relative.
(2) The provision for maintenance to be made by an order under subsection (1) of this
section shall,
(a) Subject to the provisions of subsection (3) of this section, be where the
deceased’s estate produces an income, by way of periodical payments and
such order shall provide for their termination not later,
(i) In the case of a wife or husband, her or his re-marriage;
(ii)
in the case of a daughter who has not been married, or who is by
reason of some mental or physical disability, incapable of maintaining
herself, her marriage or the cessation of her disability, whichever is the
later.
(iii) In the case of an infant son or a son who is, by reason of some mental
or physical disability, incapable of maintaining himself, his attaining
the age of twenty-one or the cessation of his disability, whichever is
the later;
(iv)
In the case of the other dependent relative, his attaining the age of
twenty-one, or in any case his or her death; or
(b) Where the deceased’s estate does not produce any income or sufficient
income, authorize the applicant to receive such share, as the applicant
would be entitled to in the distribution of the estate of an intestate under
section 28 of this Act.
(3) The court may, if it sees fit, make an order providing for maintenance, in
whole or in part, by way of a lump sum payment.
(4) In determining whether and in what way, and as from what date, provision
for maintenance ought to be made by an order, the court shall have regard to
the nature of the property representing the deceased’s estate and shall not
order any such provision to be made as would necessitate a realization that
would be improvident having regard to the interests of the deceased’s
dependants and of the persons who, apart from the order, would be entitled to
that property.
(5) The court shall, on any application made under this section,
(a) Have regard,
(i)
The any past, present or future capital or income from
any source of the dependant of the deceased to whom
the application relates;
(ii)
To the conduct of that dependant in relation to the
deceased and otherwise; and
(iii) To any other matter or thing which in the circumstances
of the case the court may consider relevant or material