sec.89Power to apply to court for compensation for loss of benefit in estate

### sec.89 Power to apply to court for compensation for loss of benefit in estate This section applies if a person’s benefit in an incapacitated person’s estate under the incapacitated person’s will, on intestacy, or by another disposition taking effect on the incapacitated person’s death, is lost because of a sale or other dealing with the incapacitated person’s property by the public trustee under— this part, as in force immediately before the commencement of this paragraph or from time to time; or the repealed Public Curator Act 1915 , part 3A ; or the repealed Mental Hygiene Act 1938 ; or the repealed Mental Health Act 1962 ; or the Mental Health Act 1974 , as in force immediately before the commencement of this paragraph or from time to time. The person, or the person’s personal representative, may apply to the court for compensation out of the incapacitated person’s estate. The court may order that the person, or the person’s estate, be compensated out of the incapacitated person’s estate as the court considers appropriate, but the compensation must not be more than the value of the lost benefit. The Succession Act 1981 , sections 41 (2) to (8) , (10) and (11) and 44 apply to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application. In this section— incapacitated person means an incapacitated person under section 64 as in force immediately before the commencement of this subsection. s 89 sub 2000 No. 8 s 263 sch 3 (sec.89-ssec.1) This section applies if a person’s benefit in an incapacitated person’s estate under the incapacitated person’s will, on intestacy, or by another disposition taking effect on the incapacitated person’s death, is lost because of a sale or other dealing with the incapacitated person’s property by the public trustee under— this part, as in force immediately before the commencement of this paragraph or from time to time; or the repealed Public Curator Act 1915 , part 3A ; or the repealed Mental Hygiene Act 1938 ; or the repealed Mental Health Act 1962 ; or the Mental Health Act 1974 , as in force immediately before the commencement of this paragraph or from time to time. (sec.89-ssec.2) The person, or the person’s personal representative, may apply to the court for compensation out of the incapacitated person’s estate. (sec.89-ssec.3) The court may order that the person, or the person’s estate, be compensated out of the incapacitated person’s estate as the court considers appropriate, but the compensation must not be more than the value of the lost benefit. (sec.89-ssec.4) The Succession Act 1981 , sections 41 (2) to (8) , (10) and (11) and 44 apply to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application. (sec.89-ssec.5) In this section— incapacitated person means an incapacitated person under section 64 as in force immediately before the commencement of this subsection. - (a) this part, as in force immediately before the commencement of this paragraph or from time to time; or - (b) the repealed Public Curator Act 1915 , part 3A ; or - (c) the repealed Mental Hygiene Act 1938 ; or - (d) the repealed Mental Health Act 1962 ; or - (e) the Mental Health Act 1974 , as in force immediately before the commencement of this paragraph or from time to time.