Provision for dependents out of capital

(1) Notwithstanding anything contained in this Part, where the testator’s net estate does not exceed ten thousand dollars, the court shall have power to make an order directing payment to a dependent or dependents out of such estate of a sum not exceeding, (a) if a testator leaves both a wife or husband and one or more other dependents, two-thirds of such estate; or (b) if the testator does not leave a wife or husband, or leaves a wife or husband, and no other dependent, one-half. (2) For the purposes of subsection (1) of this section, the personal representatives of the testator shall from the date of the order hold the net estate upon trust for sale, and payment from the proceeds thereof or from any other fund in his hands of any sum in accordance with the direction of any such order. (3) Sections 39, 40 and 41 of this Act, shall have effect, mutatis mutandis, as regards the matters to which the court shall have regard in making an order under this section.