Chapter 4

The Ward's House

4.1 Can the Curator sell the Ward's house ?

If the Ward no longer needs the house and there is no prospect of him or her returning to live there, the house will normally have to be sold to avoid the expense of maintaining it and the risk of deterioration and damage if it remains unoccupied. In all cases the Accountant's approval is required and in most cases the prior approval of the Court must be obtained. Except when the sale is a matter of absolute necessity eg., because urgent repairs are necessary and there are no funds to meet the costs of such repairs, or where the Ward has substantial debts, the family will be advised of the intention to sell and will have the opportunity to object.

4.2 What if members of the family are still living in the house ?

If the Ward's husband or wife or elderly parents are still living in the house they may continue to do so.  If other, non-dependant, members of the family occupy the house it may be necessary for them to pay a fair rent in respect of their occupation but each case will be treated on its merits.

4.3 Can the Curator buy a house for the Ward and for his or her dependants ?

Yes, but the Accountant's approval is required in all cases and in some cases the prior approval of the Court must be obtained. The Court or the Accountant as appropriate must be satisfied that the purchase is necessary; that the house is suitable and not excessive to requirements and that the price to be paid is reasonable in relation to the funds available. If the house is purchased with Curatory funds then the title to the property will have to be in the Ward's name ie., the house will form part of the Curatory estate. In the event that the Ward subsequently has to be hospitalised, paragraph 4.2 above will apply.

4.4 What if the Ward's house is subject to specific bequest and is sold ?

While the law in this area is not entirely straightforward, the general rule is that if a house which is subject to specific bequest is sold then the beneficiary will, upon the Ward's death, receive instead the net proceeds of sale (ie., the price received less the legal and other expenses of sale as at the date of sale, ie., the proceeds do not attract interest). If, however, the sale of the house is necessary to provide funds for the Ward's maintenance then the bequest will fall and the remaining proceeds (if any) will be added to the Ward's moveable estate and be distributed accordingly.

4.5 What happens to the contents of the Ward's house ?

When the house has to be sold or tenancy given up, the contents, except for any items for which the Ward has a future use, are usually sold. In exceptional circumstances, items of particular value, family heirlooms etc., may be placed in secure storage. If the Ward has made a Will bequeathing specific items the Curator may, with the Accountant's approval, allow the beneficiaries to take possession of such items provided they sign an undertaking to the effect that they hold the articles on trust and will produce or account for them to the Ward if he or she recovers or to the executor appointed to deal with the estate after the Ward's death. In other cases it may be possible to allow members of the family to purchase items of family interest at the valuation price.