44Death before order made

### 44 Death before order made > > (1)  If, before an application under [section 40](#GS40@EN) is determined, either party to the application dies, the application may be continued by or against the legal personal representative of the deceased party. > > > (2)  A court may make an order in respect of property if of the opinion that – > > > > > > (a) it would have adjusted interests in respect of property if the deceased party had not died; and > > > > > > > (b) notwithstanding the death of the deceased party, it is still appropriate to adjust those interests. > > > (3)  Any order may be enforced on behalf of, or against, the estate of the deceased party.