TRUSTEE ACT 1925 - SECT 13
Protection of purchasers
TRUSTEE ACT 1925 - SECT 13
Protection of purchasers
13 Protection of purchasers
(1) A statement contained in any registered deed by which a new trustee is
appointed, to the effect that a trustee has remained out of New South Wales
for more than one year without having properly delegated the execution of the
trust, or has remained out of New South Wales for more than two years, or
refuses or is unfit to act, or is incapable of acting, shall, in favour of a
subsequent purchaser in good faith, be conclusive evidence of the matter so
stated upon any question as to the validity of the appointment and of any
vesting consequent thereon.
(2) A statement contained in any registered
instrument by which an executor declares that the executor holds any property
as trustee or as beneficiary, as the case may be, to the effect that all
executorial duties with respect to the property have been duly performed,
shall in favour of a subsequent purchaser in good faith 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 shall extend
to the Registrar-General Crown Solicitor or other person registering or
certifying title.
(4) This section applies to deeds executed either before or
after the commencement of this Act.
