(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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