Section 3

a wife or husband;

a daughter who has not been married, or who is, by reason of some mental or physical disability, incapable of maintaining herself;

an infant son; or

a son who is, by reason of some mental or physical disability, incapable of maintaining himself, then, if the court on application by or on behalf of any such wife, husband, daughter or son as aforesaid (in this Act referred to as a

“dependant” of the deceased) is of the opinion that the disposition of the deceased’s estate effected by his will, or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable provision for the maintenance of that dependant, the court may order that such reasonable provision as the court thinks fit shall, subject to such conditions or restrictions, if any, as the court may impose, be made out of the deceased’s net estate for the maintenance of that dependant:

Provided that no application shall be made to the court by or on behalf of any person in any case where the disposition of the deceased’s estate as aforesaid is such that the surviving spouse is entitled to not less than two-thirds of the income of the net estate and where the only other dependant, if any, is or are a child or children of the surviving spouse.