← belizelaw.ai · Administration Of Estates, Cap. 197 · PART V — Administration of Assets

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

Cap. 197, s. 43 · Revised Edition 2020

(1) An assent or transfer 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 transfer relates, or any property representing it, into the hands of the person in whom it is vested by the assent or transfer, or of any 40 Administration of Estates Act 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 transfer, 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 transfer or other instrument or as to any other matter required for giving effect to the order; (d) make any vesting order, or appoint a person to convey, in accordance with the Trusts Act. CAP. 202. (3) Nothing contained in sub-sections (1) and (2) shall operate to enable the title to any legal estate in land to be evidenced otherwise than by a certificate of title issued under Part III of the General Registry Act and the rights created by a vesting order or transfer under paragraph (d) sub-section (2) shall lead to the issue of a certificate of title by the Registrar under that Act. CAP. 327. (4) This section does not prejudice the rights of a purchaser or a person deriving title under him.
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