sec.177Court may make orders in relation to property or claim of child

sec.177 Court may make orders in relation to property or claim of child

If a child is beneficially entitled to property of which there is no trustee, the court may, on application by the child’s litigation guardian, make an order, on the terms the court considers appropriate, appointing the litigation guardian or another person the court considers appropriate— to deal with the property; or to exercise in relation to the property the powers conferred on a trustee under this Act. If a child has a claim to property, the court may, on application by the child’s litigation guardian, make an order appointing the litigation guardian or another person the court considers appropriate to settle or compromise the claim. However, subsection (2) does not apply if the settlement or compromise may be sanctioned under the Public Trustee Act 1978 , section 59 by a court or the public trustee. The court must not make an order under subsection (1) or (2) unless it appears to the court that the order is for the benefit of— the child; or the child and another person. An act done under an order made under this section is binding on the child. In this section— deal , with property, includes sell, convey, lease, mortgage, charge and sue for and recover the property. (sec.177-ssec.1) If a child is beneficially entitled to property of which there is no trustee, the court may, on application by the child’s litigation guardian, make an order, on the terms the court considers appropriate, appointing the litigation guardian or another person the court considers appropriate— to deal with the property; or to exercise in relation to the property the powers conferred on a trustee under this Act. (sec.177-ssec.2) If a child has a claim to property, the court may, on application by the child’s litigation guardian, make an order appointing the litigation guardian or another person the court considers appropriate to settle or compromise the claim. (sec.177-ssec.3) However, subsection (2) does not apply if the settlement or compromise may be sanctioned under the Public Trustee Act 1978 , section 59 by a court or the public trustee. (sec.177-ssec.4) The court must not make an order under subsection (1) or (2) unless it appears to the court that the order is for the benefit of— the child; or the child and another person. (sec.177-ssec.5) An act done under an order made under this section is binding on the child. (sec.177-ssec.6) In this section— deal , with property, includes sell, convey, lease, mortgage, charge and sue for and recover the property.

• (a) to deal with the property; or
• (b) to exercise in relation to the property the powers conferred on a trustee under this Act.
• (a) the child; or
• (b) the child and another person.