42Charge over property

42 Charge over property (1) Where any fees, costs or expenses are incurred by or payable to the public trustee and guardian as manager of property under this part, there is created, by force of this subsection, a charge on that property to secure the payment of those fees, costs or expenses. (2) The charge created on property by subsection (1)— (a) is subject to any mortgage or charge to which the property was subject immediately before the fees, costs or expenses were incurred or became payable; and (b) subject to subsection (3), has priority over all other mortgages or charges whatsoever. (3) The public trustee and guardian may postpone, wholly or in part, a charge created on property by subsection (1) in favour of a mortgage or charge created after the firstmentioned charge was created. (4) The amount of money for the time being charged on property under subsection (1) shall bear interest at such rate as is prescribed.