Cap. 10activeordinance

Probate and Administration Ordinance

遺囑認證及遺產管理條例

Full legislation

s.67

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

(1)
An assent, transfer or conveyance 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, transfer or conveyance relates, or any property
                representing the same, into the hands of the person in whom it is vested by the
                assent, transfer or conveyance, nor of any other person (not being a purchaser) who
                may have received the same or in whom it may be vested.
(2)
Notwithstanding any such assent, transfer or conveyance 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 conveyance
                    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
                    provisions of the Trustee Ordinance (
Cap.
                    29
).
(3)
This section does not prejudice the rights of a purchaser or a person deriving
                title under him, but applies whether the testator or intestate died before or after
                the
                commencement*
                of this Ordinance.
[cf. 1925 c. 23 s. 38 U.K.]