Powers of Attorney Act 1998

This section applies to a person who is a beneficiary (the beneficiary) under a deceased principal’s will.

The beneficiary has the same interest in any surplus money or other property (the proceeds) arising from a sale, mortgage, charge, disposition of, or other dealing with, property under the powers given to an attorney under an enduring power of attorney as the beneficiary would have had in the property sold, mortgaged, charged, disposed of or otherwise dealt with, if the sale, mortgage, charge, disposition or other dealing had not happened.

The beneficiary is also entitled to—

any money or other property that is able to be traced as income generated by the proceeds; and

any capital gain that is generated from the proceeds.

This section applies even if the beneficiary is the attorney who sold, mortgaged, charged, disposed of or otherwise dealt with the property.

This section applies subject to any order made by the court under section 61D(1).