Page:Mental Capacity Act 2008.pdf/52

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MENTAL CAPACITY
53


Variation of settlements

6.—(1) If a settlement has been made by virtue of section 23, the court may by order vary or revoke the settlement if—

(a) the settlement makes provision for its variation or revocation;
(b) the court is satisfied that a material fact was not disclosed when the settlement was made; or
(c) the court is satisfied that there has been a substantial change of circumstances.

(2) Any such order may give such consequential directions as the court thinks fit.

Vesting of property in person appointed outside Singapore

7.—(1) Sub-paragraph (2) applies if the court is satisfied —

(a) that under the law prevailing in a place outside Singapore a person (“M”) has been appointed to exercise powers in respect of the property or affairs of P on the ground (however formulated) that P lacks capacity to make decisions with respect to the management and administration of his property and affairs; and
(b) that, having regard to the nature of the appointment and to the circumstances of the case, it is expedient that the court should exercise its powers under this paragraph.

(2) The court may direct—

(a) any property situated in Singapore standing in the name of P; or
(b) any stocks standing in the name of P or the right to receive dividends from such stocks,

to be transferred into M’s name or otherwise dealt with as required by M, and may give such directions as the court thinks fit for dealing with accrued dividends from the stocks.

(3) In sub-paragraph (2), “stocks” includes—

(a) shares; and
(b) any funds, annuity or security transferable in the books kept by any body corporate or unincorporated company or society or by an instrument of transfer either alone or accompanied by other formalities,

and “dividends” is to be construed accordingly.

Preservation of interests in property disposed of on behalf of person lacking capacity

8.—(1) Sub-paragraphs (2) and (3) apply if—

(a) P’s property has been disposed of by virtue of section 23;