Guardianship and Administration Act 2019

A represented person (irrespective of whether the represented person has testamentary capacity) and a beneficiary of a represented person have the same interest in any money or other property arising from or received in respect of any sale, mortgage, exchange, partition or other disposition under the powers conferred on an administrator by an administration order which have not been applied under those powers that the represented person or beneficiary would have had in the property the subject of the sale, mortgage, exchange, partition or disposition if no sale, mortgage, exchange, partition or disposition had been made.

For the purposes of this section, money arising from the compulsory acquisition or purchase under any Act of property of a represented person is taken to be money arising from the sale of that property under the powers conferred on an administrator under an administration order.

An administrator is not required to keep the proceeds of the sale or other disposition of property under this section separate from the represented person's other assets.

Money received by an administrator under this section may be invested in any manner in which trust funds may be invested under the Trustee Act 1958.

In this section, beneficiary of a represented person means—

a beneficiary under the will of a represented person; or

a represented person's executor; or

a represented person's administrator under the Administration and Probate Act 1958.