PROBATE AND ADMINISTRATION ACT 1898 - SECT 46E
Mode of divesting land from an executor or administrator
PROBATE AND ADMINISTRATION ACT 1898 - SECT 46E
Mode of divesting land from an executor or administrator
46E Mode of divesting land from an executor or administrator
(1)
(a) Real estate vested in an executor or administrator shall not be
divested from the executor or administrator and vested in another person who
may be entitled thereto either beneficially or as a trustee, or an executor or
administrator, otherwise than by a registered conveyance, or by an
acknowledgment operating under section 83, or by registration under the
provisions of the Real Property Act 1900 .
(b) This subsection extends to
real estate vested in an executor or administrator at the commencement of the
Conveyancing (Amendment) Act 1930 or thereafter becoming so vested.
(2)
(a)
Real estate mentioned in section 83 shall not, as against a purchaser in good
faith from an executor or administrator, be held to have been divested from
the executor or administrator and vested in another person entitled thereto,
except by a registered conveyance, or by an acknowledgment operating under
that section.
(b) This subsection applies to purchases made on or after the
fifteenth day of December, one thousand eight hundred and ninety (being the
day of the passing of the Probate Act of 1890 ).
