65Deceased estate, claims made after distribution of, tracing, following assets

65. Deceased estate, claims made after distribution of, tracing, following assets

(1) This section applies where a trustee has distributed any assets forming part of the estate of a deceased person or subject to a trust, and there is nothing in any Act to prevent the distribution from being disturbed.

(2) Where this section applies, the Court may make an order on a claim, being —

(a) an application under the Family Provision Act 1972; or

(b) a claim to which section 63 applies; or

(c) a claim by a person to be a beneficiary under the will, or to be entitled on the intestacy, of the deceased person, or to be beneficially interested under the trust;

any of which application or claims are, hereinafter in this section, called the claim.

(3) An order under subsection (2) may provide that —

(a) any person to whom any assets, to which the section applies, were distributed, or his personal representative, shall pay to the person making the claim or to the trustee a sum not exceeding the value of those assets; or

(b) any person, who has received, otherwise than in good faith and for valuable consideration, any interest in any assets, to which this section applies, from the person to whom they were distributed or his personal representative, shall pay to the person making the claim or to the trustee a sum not exceeding the value of that interest;

and for the purpose of giving effect to that order the Court may make such further order as it thinks fit.

(4) The remedies given to any person by this section are in addition to all other rights and remedies (if any) available to that person, and nothing, other than the provisions of subsection (7) and (8), restricts those other rights and remedies.

(5) Subject to the provisions of subsection (6), an order under this section shall not be made by the Court —

(a) where the claim is an application for an order under the Family Provision Act 1972, unless —

(i) the application is made within the period specified in section 7(2)(a) of that Act; or

(ii) leave to file out of time has been given under section 7(2)(b) of that Act;

or

(b) in the case of any other claim, unless the application for that order is made within the time within which the applicant could have enforced his claim in respect of the estate, without special leave of the Court, if the assets had not been distributed;

but, notwithstanding the foregoing provisions of this subsection, the order may be made, with the special leave of the Court, on application made within the time within which the applicant could have enforced his claim, in respect of the estate, with special leave of the Court, if the assets had not been distributed.