TRANSFER OF LAND ACT 1893 - SECT 187
TRANSFER OF LAND ACT 1893 - SECT 187
187 . Appointment of executor, administrator or Public Trustee, entry on Register and effect
(1) Upon the receipt
of an office copy of the probate of any will, or of any letters of
administration, or of an order to administer granted to the Public Trustee, or
an election to administer filed by the Public Trustee whereby it shall appear
that any person has been appointed the executor or administrator of the estate
of any deceased person, or that the Public Trustee has been empowered to
administer, or has elected to administer any such estate, the Registrar shall,
on an application in writing of the executor, administrator, or Public Trustee
(as the case may be) to be registered as proprietor in respect of any land, or
of any estate, right, title, or interest therein, enter in the Register and on
the duplicate instrument (if any) when produced for any purpose, a memorandum
notifying the appointment of such legal personal representative and the day of
the death of the proprietor, when the same can be ascertained, and upon such
entry being made, such legal personal representative shall become the
transferee and be deemed to be the proprietor of the estate or interest of the
deceased proprietor in such land, estate, right, title, or interest, or of
such part thereof as then remains unadministered, and shall hold the same
subject to the equities upon which the deceased held the same; but for the
purposes of any dealings therewith, such legal personal representative shall
be deemed to be the absolute proprietor thereof.
(2) The title of every
legal personal representative becoming a transferee under this section shall,
upon such entry being made, relate back to and be deemed to have arisen upon
the death of the proprietor of any land, or of any estate, right, title, or
interest therein, as if there had been no interval of time between such death
and entry.
(3) If in any case
probate or administration is granted to more persons than one, all of them for
the time being shall join and concur in every dealing relating to the land, or
to the estate, right, title, or interest therein.
[Section 187 amended: No. 17 of 1950 s. 50; No. 81
of 1996 s. 111.]