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ADMINISTRATION AND PROBATE ACT 1935 - SECT 38 Right to follow property and powers of the Court in relation thereto

ADMINISTRATION AND PROBATE ACT 1935 - SECT 38

Right to follow property and powers of the Court in relation thereto

(1)  An assent or conveyance by a personal representative to a person other than a purchaser does 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; and
(d) make any vesting order or appoint a person to convey in accordance with the provisions of the Trustee Act 1898 .
(3)  This section does not prejudice the rights of a purchaser or a person deriving title under him, but applies whether the deceased died before or after the commencement of this Act.