86.— Section 117 of the Act of 1965 is amended by inserting the following subsection after subsection (3):

“(3A) An order under this section shall not affect the legal right of a surviving civil partner unless the court, after consideration of all the circumstances, including the testator’s financial circumstances and his or her obligations to the surviving civil partner, is of the opinion that it would be unjust not to make the order.”.