9Contents of order

### 9 Contents of order > > (1)  *\[Section 9 Subsection (1) amended by 25 Geo. V No. 78 \]**\[Section 9 Subsection (1) amended by No. 52 of 1957, s. 7 \]*Every order under this Act making provision for any person shall specify, *inter alia* – > > > > > > (a) the amount and nature of such provision; > > > > > > > (b) the manner in which such provision shall be made; or be raised or paid, out of some, and what, part of the estate of the deceased person; > > > > > > > (c) how and by whom the burden of any such provision shall be borne; and > > > > > > > (d) any conditions, restrictions, or limitations imposed by the Court or judge. > > > (2)  *\[Section 9 Subsection (2) amended by No. 52 of 1957, s. 7 \]*The Court or judge shall in every case in which provision is made under this Act direct that a certified copy of such order be made upon the probate of the will or letters of administration, with the will annexed, of the estate of the deceased person, or, as the case may be, upon the letters of administration of the estate of the deceased person, and for that purpose shall retain such probate or letters until such copy is made. > > > (3)  *\[Section 9 Subsection (3) substituted by No. 52 of 1957, s. 7 \]*Subject to this Act, every provision made under this Act operates and takes effect – > > > > > > (a) in the case of the estate of a person who dies testate, as if it had been made by a codicil to the will of the deceased person executed immediately before his death; or > > > > > > > (b) [*\[Section 9 Subsection (3) amended by No. 19 of 2010, s. 52, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-019#GS52@EN) in the case of the estate of a person who dies intestate, as a modification of the provisions of the [Intestacy Act 2010](/view/html/inforce/2026-04-12/act-2010-019) . > > > (4)  [*\[Section 9 Subsection (4) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC3@Hpb@EN) [*\[Section 9 Subsection (4) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC3@Hpa@EN) *\[Section 9 Subsection (4) added by No. 52 of 1957, s. 7 \]*If in the opinion of the Court or a judge it is desirable so to do, having regard to all the circumstances of the case, the Court or judge may, in any order under this Act making provision for the spouse of a deceased person, direct that that provision shall operate for the benefit of the spouse notwithstanding that he or she may, at any time after the making of the order, remarry or enter into a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) . > > > (5)  *\[Section 9 Subsection (5) added by No. 52 of 1957, s. 7 \]**\[Section 9 Subsection (5) amended by No. 57 of 1970, s. 2 \]*The Court or a judge may, at any time, on the application of the executor or administrator of the estate of a deceased person or of any person who is beneficially entitled to, or interested in, any part of that estate – > > > > > > (a) rescind any order making any provision under this Act out of that estate or any part thereof; or > > > > > > > (b) alter any such order by increasing or reducing the amount of any provision made thereby or by varying such order in such manner as the Court or judge thinks proper. > > > (5A)  *\[Section 9 Subsection (5A) inserted by No. 57 of 1970, s. 2 \]*The Court or a judge shall not, in the exercise of the power conferred on it or him by [paragraph (b)](#GS9@Gs5@Hpb@EN) of [subsection (5)](#GS9@Gs5@EN) of this section, alter an order under this Act so as to disturb a distribution of any part of the estate that was lawfully made before the making of the application for the alteration. > > > (6)  *\[Section 9 Subsection (6) added by No. 52 of 1957, s. 7 \]*A person who makes an application under [subsection (5)](#GS9@Gs5@EN) of this section shall cause notice of the application to be served on all persons taking any benefit under the order sought to be rescinded or altered. > > > (7)  *\[Section 9 Subsection (7) added by No. 52 of 1957, s. 7 \]*Upon an order being made under this Act, the portion of the estate comprised therein or affected thereby shall be held subject to the provisions of the order.