Advances to or money settled on a child of the

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advances to or money settled on a child of the intestate in the lifetime of the intestate must be brought into account in ascertaining that child's shares; (b) on a partial intestacy, any gifts by the will (excluding personal chattels specially bequeathed) to husband or wife of the intestate must be brought into account to reduce the payment of $25,000.00 or $100,000.00 (as the case may be); (c) on a partial intestacy any gifts by the will to issue of the intestate must be brought into account. The amount covered by these hotchpot provisions valued as at the date of death have to be brought into account in determining the benefits to be taken by issue. (2) Where the intestate and spouse have died in circumstances which render it uncertain which survived the other, the property of the intestate passes as if the spouse did not survive. 126
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Annexure 5 Inheritance (Provision for Family & Dependants) Act 1875: Sections 3 and 8 –13 3. Matters to which court is to have regard in exercising powers under s. 2 (1) Where an application is made for an order under section 2 of this Act, the court shall, in determining whether the disposition of the deceased's estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is such as to make reasonable financial provision for the applicant and, if the court considers that reasonable financial provision has not been made, in determining whether and in what manner it shall exercise its powers under that section, have regard to the following matters, that is to say – (a) the financial resources and financial needs which the applicant has or is likely to have ill the foreseeable future; (b) the financial resources and financial needs which any other applicant for an order under section 2 of this Act has or is likely to have in the foreseeable future; (c) the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future; (d) any obligations and responsibilities which the deceased had towards any applicant for an order under the said section 2 or towards any beneficiary of the estate of the deceased; (e) the size and nature of the net estate of the deceased; (f) any physical or mental disability of any applicant for an order under the said section 2 or any beneficiary of the estate of the deceased; (g) any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant. (2) Without prejudice to the generality of paragraph (g) of subsection (1) above, where an application for an order under section 2 of this Act is made by virtue of section 1(1)(a) or 1(1)(b) of this Act, the court shall, in addition to the matters specifically mentioned in paragraphs (a) to (f) of that subsection, have regard to – (a) the age of the applicant and the duration of the marriage; (b) the contribution made by [the applicant to the welfare of the family of the deceased, including any contribution made by
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