3Claims for maintenance against estate of deceased person

3 Claims for maintenance against estate of deceased person

[Section 3 Substituted by No. 52 of 1957, s. 3 ]

(1)  If a person dies, whether testate or intestate, and in terms of his will or as a result of his intestacy any person by whom or on whose behalf application for provision out of his estate may be made under this Act is left without adequate provision for his proper maintenance and support thereafter, the Court or a judge may, in its or his discretion, on application made by or on behalf of the last-mentioned person, order that such provision as the Court or judge, having regard to all the circumstances of the case, thinks proper shall be made out of the estate of the deceased person for all or any of the persons by whom or on whose behalf such an application may be made, and may make such other order in the matter, including an order as to costs, as the Court or judge thinks fit.

(2)  In addition to, and without prejudice to, any other powers conferred on the Court or a judge by subsection (1) of this section, the Court or judge may order that the provision to be made out of the estate of the deceased person shall consist of –

(a) the payment to the applicant of a lump sum;

(b) a life interest or any lesser interest in any dwelling-house belonging to that estate; or

(c) a life interest or any lesser interest in a dwelling-house that the Court or judge may order to be purchased for occupation by the applicant –

and may, in any case, order that that provision shall be made upon and subject to such terms and conditions, if any, as the Court or judge may think desirable in the circumstances of the case.

(3)  For the purposes of paragraph (c) of subsection (2) of this section, the Court or judge may, notwithstanding any provision or direction to the contrary in the will of a deceased person, order that any moneys belonging to or forming part of the estate of that person shall be expended in the purchase of the fee simple of any real property.

(4)  Where an application under subsection (1) of this section is made by or on behalf of any person, the Court or a judge may order that it shall be regarded as an application on behalf of all persons who are entitled under this Act to make such an application, and if the Court or a judge so orders, the application shall, for the purposes of , be treated as an application made by all of those persons.