Victorian Consolidated Legislation

Property Law Act 1958 - SECT 33

Consents to the execution of a trust for sale

33. Consents to the execution of a trust for sale



(1) If the consent of more than two persons is by the disposition made
requisite to the execution of a trust for sale of land, then, in favour of a
purchaser, the consent of any two of such persons to the execution of the
trust or to the exercise of any statutory or other powers vested in the
trustees for sale shall be deemed sufficient.

(2) Where the person whose consent to the execution of any such trust or power
is expressed to be required in a disposition is not sui juris or becomes
subject to disability, his consent shall not, in favour of a purchaser, be
deemed to be requisite to the execution of the trust or the exercise of the
power; but the trustees shall, in any such case, obtain the separate consent
of the parent or testamentary or other guardian of a minor or of the committee
of a lunatic.

(3) This section shall apply whether the trust for sale is created
before or after the commencement of this Act or by virtue of this Part10.