Section 5

Where an order is made under this Act, for all purposes, including the purposes of the laws relating to death duties, the will or the law relating to intestacy, shall have effect, and shall be deemed to have had effect, as from the deceased’s death, subject to such variation as may be specified in the order for the purpose of giving effect to the provision for maintenance thereby made.

The court may give such consequential directions as it thinks fit for the purpose of giving effect to an order made under this Act, but no larger part of the net estate shall be set aside or appropriated to answer by the income thereof the provision for maintenance thereby made than such a part as, at the date of the order, is sufficient to produce by the income thereof the amount of the said provision.

An office copy of every order made under this Act shall be sent to the High Court Registry for entry and filing, and a 039e.fm Page 9 Monday, March 27, 2006 3:26 PM

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memorandum of the order shall be endorsed on, or permanently annexed to, the probate or letters of administration under which the estate is being administered.

Variation of orders