TRUSTEE ACT 1925 - SECT 13 Protection of purchasers

TRUSTEE ACT 1925 - SECT 13

    (1)     A statement in a registered deed by which a new trustee is appointed to the effect of any of the following matters, is, in favour of a subsequent honest purchaser, conclusive evidence of the appointment and any vesting resulting from the appointment:

        (a)     that a trustee has remained outside the ACT for longer than 1 year without having properly delegated the execution of the trust;

        (b)     that a trustee has remained outside the ACT for longer than 2 years;

        (c)     that a trustee refuses to act, is unfit to act, or cannot act, as trustee.

    (2)     A statement contained in any registered instrument by which an executor declares that he or she holds any property as trustee or as beneficiary, as the case may be, to the effect that all the executorial duties with respect to the property have been duly performed, shall in favour of a subsequent honest purchaser be conclusive evidence of the matter so stated upon any question as to the capacity in which the property was held.

    (3)     The protection afforded by this section to an honest purchaser extends to the registrar-general when registering or certifying title.