Victorian Consolidated Legislation

Property Law Act 1958 - SECT 66

Confirmation of past transactions

66. Confirmation of past transactions



(1) A deed containing a declaration by the owner of a legal estate in
fee-simple or a term of years absolute that his estate shall go and devolve in
such a manner as may be requisite for confirming any interests intended to
affect his estate and capable of subsisting as legal estates which, at some
prior date, were expressed to have been transferred or created, and any
dealings therewith which would have been legal if those interests had been
legally and validly transferred or created, shall, to the extent of the estate
of such owner, operate to give legal effect to the interests so expressed to
have been transferred or created and to the subsequent dealings aforesaid.

(2) The powers conferred by this section may be exercised by a trustee for
sale or a personal representative (being in each case such an owner as is
mentioned in the last preceding subsection) as well as by an absolute owner,
but if exercised by any person, other than an absolute owner, only with the
leave of the Court.

(3) This section shall apply only to deeds containing such a declaration as
aforesaid if executed after the commencement of this Act.