Power of Court to order maintenance for dependents out of testator’s estate

Where, after the commencement of this Act, a person dies domiciled in Belize leaving, dependants out (a) a wife or husband; (b) a daughter who had not been married, or who is, by reason of some mental or physical disability, incapable of maintaining herself; (c) an infant son; or (d) a son who is, by reason of some mental or physical inability, incapable of maintaining himself, 18 and leaving a will, then, if the court on application by or on behalf of any such wife, husband, daughter or son as aforesaid, in this Part referred to as a “dependent” of the testator, is of opinion that the will does not make reasonable provision for the maintenance of that dependent, 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 testator’s net estate for the maintenance of that dependent, Provided that no application shall be made to the court by or on behalf of any person in any case where the testator has bequeathed not less than two-thirds of the income of the net estate to a surviving spouse and the only other dependent, or dependents (if any) is or are a child or children of the surviving spouse.