41.
Variation of orders.
(1) On an application made at a date after the expiration of the period
specified in section 39(1), the court may make an order as provided in this
subsection, but only as respects property the income of which is at the date
applicable for the maintenance of a dependent 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 dependent or of a person beneficially
interested in the property under the will; or
(b) an order for making provision for the maintenance of another
dependent of the deceased.
(2) An application to the court for an order under subsection (1)(a)
may be made by or on behalf of a dependent of the deceased or by the
trustees of the property or by or on behalf of a person beneficially interested
in the property under the will.
42.
Interim orders.
(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 to 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
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