in relation to that dependant to persons interested in the
estate of the deceased or otherwise;
(b) To the deceased’s reasons so far as ascertainable,
(i)
For making the dispositions made by his will (if any);
or
(ii)
For refraining from disposing by will of his estate; or
(iii) For not making any provision, or any further provision,
as the case may be, for a dependant, and the court may
accept such evidenced of those reasons as it considers
sufficient including any statement in writing signed by
the deceased and dated, so, however that in estimating
the weight, if any, to be attached to any such statement
the court shall have regard to all the circumstances from
which any inference can reasonably be drawn as to the
accuracy or otherwise of the statement.
46C. (1) Except as provided by section 46F of this Act, an application under
section 46A of this Act shall not, without the permission of the court, be made
after the end of the period of six months from the date on which representation in
regard to the estate of the deceased is first taken out:
Provided that where letters of administration are revoked and probate is granted,
time begins to run from the date of the grant of probate.
(2) The provisions of sections 46B and 46F of this Act 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 said period of six months on
the ground that they ought to have taken into account the possibility that the court
might permit an application under this Act after the end of that period, but this
subsection shall be without prejudice to any power to recover any part of the
estate so distributed arising by virtue of the making of an order under this Act.
46D. (1) Where an order is made under section 46B of this Act, then, for all
purposes, the will shall have effect and shall be deemed to have had effect as from
the deceased’s death, subject to such variations as may be specified in the order
for the purpose of giving effect to the provision for maintenance thereby made.
(2) Any order under section 46B of this Act, providing for maintenance by way of
periodical payments may provide for payments of a specified amount or for
payments equal to the whole or part of the income of the net estate or of the
income of any party to bed set aside or appropriated under this Act of the net
estate or may provided for the amount of the payments or any of them to be
determined in any other way the court thinks fit.
(3) The court may give such consequential directions as it thinks fit for the
purpose of giving effect to an order made under this Act, but no larger part of the
net estate shall be set aside or appropriated to answer by the income thereof the