Matters to be considered in making order

In determining whether, and in what way, and as from what date, provision for maintenance ought to be made by an order, the court shall have regard to the nature of the property representing the testator’s net estate and shall not order any such provision to be made as would necessitate a realisation that would be improvident, having regard to the interests of the testator’s dependents and of the person who, apart from the order, would be entitled to that property.