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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.]