Guardianship and Administration Act 1995

Where – any property of a represented person is disposed of under an administration order; and under the will or intestacy of the represented person, or by any gift perfected or appointment taking effect on the represented person’s death, any other person would, but for that disposal, have taken an interest in the property – the other person is to take the same interest, so far as the circumstances may allow, in any property forming part of the represented person's estate that represents the property disposed of.

If the property disposed of was real property, any property representing it, so long as it remains part of the represented person's estate, is to be treated as if it were real property.

The Tribunal may give such directions as may be necessary or expedient for the purpose of facilitating the operation of subsections (1) and (2), including the carrying of money to a separate account and the transfer of property other than money.

Where – any property of a represented person is disposed of under an administration order; or the Tribunal or the administrator has ordered, directed or authorized that any such property be so disposed of – and the disposal would, but for this section, result in the conversion of personal property into real property, the Tribunal may direct that the property representing the property disposed of, so long as it remains the represented person's property or forms part of the represented person’s estate, is to be treated as if it were personal property.

References in this section to the disposal of property are taken to include references to – the sale, exchange, charging or other dealing with property other than money; and the removal of property from one place to another; and the application of money in acquiring property; and the transfer of money from one account to another – and any such references to property representing property disposed of are to be construed accordingly and as including the result of successive disposals.

Where – any money is paid under an administration order; or the Tribunal or the administrator has ordered, directed or authorized that any such money be paid – for carrying out permanent improvements on, or otherwise for the benefit of, a represented person's property, the Tribunal may – give directions as to accounting for the payment of that money; or order that the whole or any part of the money so paid, or to be paid, is to be a charge on the property, whether without interest or with interest at a specified rate.

A charge under subsection (6) may be made in favour of any person as the Tribunal may determine and, in particular, where the money charged is paid out of the represented person's estate, may be made in favour of a person as trustee for the represented person.

An order under subsection (6) may provide for excluding or restricting the operation of subsections (1) and (2).

A charge under subsection (6) does not confer any right of sale or foreclosure during the life of the represented person.