(b)
the age of twenty-one,
or in any case, his or her death; or
where the deceased’s estate does not produce any income or
sufficient income, authorise the applicant to receive such share as
the applicant would be entitled to in the distribution of the estate
of an intestate under section 27.
(3) The court may, if it sees fit, make an order providing for
maintenance, in whole or is 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 provision to be made as would necessitate a realisation
that would be improvident having regard to the interests of the deceased’s
dependents and of the persons who, apart from the order, would be entitled
to that property.
(5)
(a)
The court shall, on any application made under this section—
have regard—
(i) to any past, present or future capital or income from any
source of the dependent of the deceased to whom the
application relates;
(ii) to the conduct of that dependent 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 in
relation to that dependent, to persons interested in the estate
of the deceased, or otherwise;
(b) have regard to the deceased’s reasons, so far as ascertainable—
(i) for making the dispositions made by his or her will, if any;
(ii) for refraining from disposing by will of his or her estate; or
(iii) for not making any provision, or any further provision, as
the case may be, for a dependent,
and the court may accept such evidence 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.
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