Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 43

Right to follow property etc.

43. Right to follow property etc.



(1) An assent or conveyance by a personal representative to a person other
than a purchaser shall not prejudice the rights of any person to follow the
property to which the assent or conveyance relates or any property
representing the same into the hands of the person in whom it is vested by the
assent or conveyance or of any other person (not being a purchaser) who may
have received the same or in whom it may be vested.

(2) Notwithstanding any such assent or conveyance the Court may on the
application of any creditor or other person interested-





   (a)  order a sale exchange mortgage charge lease payment transfer or other
        transaction to be carried out which the court considers requisite for
        the purpose of giving effect to the rights of the persons interested;

   (b)  declare that the person not being a purchaser in whom the property is
        vested is a trustee for those purposes;

   (c)  give directions respecting the preparation and execution of any
        conveyance or other instrument or as to any other matter required for
        giving effect to the order;

   (d)  make any vesting order or appoint a person to convey in accordance
        with the provisions of the Trustee Act 1958.

(3) This section shall not prejudice the rights of a purchaser or a person
deriving title under him.