7 in exercising the powers conferred by this section

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(7) In exercising the powers conferred by this section the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order to which the application relates. (8) Where the court makes an order under this section, it may give such consequential directions as it thinks necessary or expedient having regard to the provisions of the order. (9) No such order as is mentioned in section 4(1)(d) or (e), 11, 12 or 13 shall be made on an application under this section. (10) For the avoidance of doubt it is hereby declared that, in relation to an order which provides for the making of periodical payments which are to cease on the occurrence of an event specified in the order (other than the remarriage of a former wife or former husband) or on the expiration of a period so specified, the power to vary an order includes power to provide for the making of periodical payments after the expiration of that period or the occurrence of that event. [cf. 1975 c. 63 s. 6 U.K. ] 9. Payment of lump sums by instalments (1) An order under section 4(1)(b) or 8(2)(b) for the payment of a lump sum may provide for the payment of that sum by instalments of such amount as may be specified in the order. (2) Where an order is made by virtue of subsection (1) , the court shall have power, on an application made by the person to whom the lump sum is payable, by the personal representatives of the deceased or by the trustees of the property out of which the lump sum is payable, to vary that order by varying the number of instalments payable, the amount of any instalment and the date on which any instalment becomes payable. [cf. 1975 c. 63 s. 7 U.K. ] PART III PROPERTY AVAILABLE FOR FINANCIAL PROVISION 10. Property treated as part of "net estate" 192
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(1) Where a deceased person – (a) has nominated any person to receive any sum of money or other property on his death and that nomination is in force at the time of his death; or (b) immediately before his death, could have nominated any person to receive any sum of money or other property on his death, that sum of money, after deducting therefrom any estate duty payable in respect thereof, or that other property, to the extent of the value thereof at the date of the death of the deceased after deducting therefrom any estate duty so payable, shall be treated for the purposes of this Ordinance as part of the net estate of the deceased; but this subsection shall not render any person liable for having paid that sum or transferred that other property – (i) where a nomination is in force at the time of the deceased person's death, to the person named in the nomination in accordance with the directions given in the nomination; or (ii) where a nomination is not then in force, in accordance with any authority vested in him.
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