TESTATOR'S FAMILY MAINTENANCE ACT 1912 - SECT 3
Claims for maintenance against estate of deceased person
TESTATOR'S FAMILY MAINTENANCE ACT 1912 - SECT 3
Claims for maintenance against estate of deceased person
(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 section eleven , be treated as an
application made by all of those persons.
(5) The executor or administrator of the estate of a deceased person, on
behalf of a person who is entitled to make an application under subsection (1)
of this section and who is not of full age or mental capacity, may
(a) make an application under that subsection; or
(b) apply to the Court or a judge for directions as to whether he should make
an application under that subsection
and, in the latter case, the Court
or judge may treat the application for directions as an application under that
subsection on behalf of that person.