New South Wales Repealed Acts

This legislation has been repealed.

PROTECTED ESTATES ACT 1983 - SECT 49

49 Expenses of improvements may be charged on estate

(1) Except as provided by subsection (2), the whole or any part of any money expended or to be expended under this Act for the permanent improvement, security or advantage of the property of a protected person or protected missing person or of any part of that property, may, with interest, be made a charge upon the improved property or any other property of the protected person or protected missing person.

(2) No right of sale or foreclosure during the lifetime of a protected person or protected missing person shall be conferred by a charge referred to in subsection (1) on the property of the protected person or protected missing person and the interest shall be kept down during the lifetime of the protected person or protected missing person out of the income of the general estate as far as it is sufficient to bear it.

(3) A charge referred to in subsection (1) may be made either to some person advancing money or, if the money is paid out of the protected person’s or protected missing person’s general estate, to some person as a trustee for the protected person or protected missing person as part of the personal estate of the protected person or protected missing person.