HKLII Hong Kong Ordinances

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PROBATE AND ADMINISTRATION ORDINANCE - SECT 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.]



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