60Preservation of interests in represented person's property

60 Preservation of interests in represented person's property

(1)  Where  –

(a) any property of a represented person is disposed of under an administration order; and

(b) [Section 60 Subsection (1) amended by No. 21 of 2023, s. 52, Applied:01 Sep 2024] under the will or intestacy of the represented person, or by any gift perfected or appointment taking effect on the represented person’s death, any other person would, but for that disposal, have taken an interest in the property –

the other person is to take the same interest, so far as the circumstances may allow, in any property forming part of the represented person's estate that represents the property disposed of.

(2)  If the property disposed of was real property, any property representing it, so long as it remains part of the represented person's estate, is to be treated as if it were real property.

(3)  [Section 60 Subsection (3) amended by No. 18 of 2021, s. 149, Applied:05 Nov 2021] The Tribunal may give such directions as may be necessary or expedient for the purpose of facilitating the operation of subsections (1) and (2) , including the carrying of money to a separate account and the transfer of property other than money.

(4)  [Section 60 Subsection (4) amended by No. 21 of 2023, s. 53, Applied:01 Sep 2024] [Section 60 Subsection (4) amended by No. 18 of 2021, s. 149, Applied:05 Nov 2021] Where –

(a) any property of a represented person is disposed of under an administration order; or

(b) [Section 60 Subsection (4) amended by No. 18 of 2021, s. 149, Applied:05 Nov 2021] the Tribunal or the administrator has ordered, directed or authorized that any such property be so disposed of –

and the disposal would, but for this section, result in the conversion of personal property into real property, the Tribunal may direct that the property representing the property disposed of, so long as it remains the represented person's property or forms part of the represented person’s estate, is to be treated as if it were personal property.