SUCCESSION ACT 1981 - SECT 42
Court may vary order
SUCCESSION ACT 1981 - SECT 42
Court may vary order
42 Court may vary order
(1) Where (whether before or after the commencement of this Act) the court has
ordered a periodical payment or has ordered any part of an estate or a lump
sum to be invested for the benefit of any person, it may from time to time on
the application of any person inquire whether any party deriving benefit under
the order is still living or has become possessed of or entitled to provision
for the party’s proper maintenance or support and into the adequacy of the
provision, or whether the provision made by the order for any such party
remains adequate, and may increase or reduce the provision so made or
discharge, vary or suspend the order, or make such other order as is just in
the circumstances.
(1A) However, the court shall not increase the provision
so made unless the income of the estate or, as the case may be, the capital or
income of the part of the estate or lump sum invested for the benefit of the
person concerned in pursuance of the original order is considered by the court
to be sufficient for the purposes of such increase and all other lawful
payments (if any) therefrom.
(2) Without derogating from the provisions of
subsections (1) and (1A) , where the court has increased the provision so made
for the benefit of any person and at any subsequent date the income of the
estate or, as the case may be, the capital or income of the part of the estate
or lump sum invested for the benefit of the person concerned is considered by
the court to be insufficient for the purposes of such provision and all other
lawful payments (if any) therefrom, the court may reduce or suspend any
increase or discharge, vary or suspend the original order, or make such other
order as is just in the circumstances.