Victorian Current Acts

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ADMINISTRATION AND PROBATE ACT 1958 - SECT 43

Right to follow property etc.

    (1)     An assent or conveyance by a personal representative to a person other than a purchaser shall not prejudice the rights of any person to follow the property to which the assent or conveyance relates or any property representing the same into the hands of the person in whom it is vested by the assent or conveyance or of any other person (not being a purchaser) who may have received the same or in whom it may be vested.

    (2)     Notwithstanding any such assent or conveyance the Court may on the application of any creditor or other person interested—

        (a)     order a sale exchange mortgage charge lease payment transfer or other transaction to be carried out which the court considers requisite for the purpose of giving effect to the rights of the persons interested;

        (b)     declare that the person not being a purchaser in whom the property is vested is a trustee for those purposes;

        (c)     give directions respecting the preparation and execution of any conveyance or other instrument or as to any other matter required for giving effect to the order;

        (d)     make any vesting order or appoint a person to convey in accordance with the provisions of the Trustee Act 1958 .

    (3)     This section shall not prejudice the rights of a purchaser or a person deriving title under him.

No. 3632 s. 39.



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