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TRUSTEE ACT 1925 - SECT 56 Undivided interests

TRUSTEE ACT 1925 - SECT 56

Undivided interests

    (1)     Where an undivided share in the proceeds of sale of land directed to be sold, or in any other property, is subject to a trust or forms part of the estate of a testator or intestate, the trustee may, without prejudice to the trust for sale affecting the entirety of the land and the powers of the trustees for sale, execute or exercise any trust or power vested in him or her in relation to such share, in conjunction with the person entitled to or having power in that behalf over the other share or shares.

    (2)     This section applies notwithstanding that the trustee may be entitled to or interested in any such other share, either in his or her own right or in a fiduciary capacity.

    (3)     This section applies to a trust except so far as the contrary intention appears in the trust instrument.