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In force2020 Revised Edition

Part 3 · General Powers of Trustees and Personal Representatives

14. Power to sell subject to depreciatory conditions

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(1)

No sale made by a trustee may be impeached by any beneficiary upon the ground that any of the conditions subject to which the sale was made may have been unnecessarily depreciatory, unless it also appears that the consideration for the sale was thereby rendered inadequate.

(2)

No sale made by a trustee may, after the execution of the conveyance, be impeached as against the purchaser upon the ground that any of the conditions subject to which the sale was made may have been unnecessarily depreciatory, unless it appears that the purchaser was acting in collusion with the trustee at the time when the contract for sale was made.

(3)

No purchaser, upon any sale made by a trustee, is at liberty to make any objection against the title upon any of the grounds as mentioned in subsection (2).

(4)

This section applies to sales made before, on or after 1 September 1929.

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Part 4

Appointment and Discharge of Trustees

Part 4A

Agents, Nominees and Custodians

Part 4B

Remuneration

Part 5

Powers of Court

Part 6

Charitable Trusts

Part 7

Transparency and Effective Control

Part 8

General Provisions

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