Power to apply to court for compensation for loss of benefit in estate
60 Power to apply to court for compensation for loss of benefit in estate
This section applies if a person’s benefit in an adult’s estate under the adult’s will, on intestacy, or by another disposition taking effect on the adult’s death, is lost because of a sale or other dealing with the adult’s property by an administrator of the adult.
This section applies even if the person whose benefit is lost is the administrator by whose dealing the benefit is lost.
The person, or the person’s personal representative, may apply to the court for compensation out of the adult’s estate.
Editor’s note—Court means the Supreme Court—see schedule 4 (Dictionary).
The court may order that the person, or the person’s estate, be compensated out of the adult’s estate as the court considers appropriate, but the compensation must not be more than the value of the lost benefit.
The Succession Act 1981, sections 41(2) to (8), (10) and (11) and 44 apply to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application.
This Act’s bill:Explanatory memorandum
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