Australian Capital Territory Current Acts

TRUSTEE ACT 1925 - SECT 12

    (1)     Any instrument by which a new trustee is appointed, or by which a trustee retires or disclaims, or by which the executor declares that he or she holds as trustee or as beneficiary, as the case may be, shall be deemed not to be registered for this Act unless it has been registered under the Registration of Deeds Act 1957

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    (2)     This section extends to an appointment or retirement, whether under this part or under the provisions of the trust instrument or otherwise, and to a consent to an appointment or retirement.

    (3)     This section applies whether or not the land is under the Land Titles Act 1925

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    (4)     For land under the Land Titles Act 1925

, if an appointment or retirement or an instrument by which an executor declares that the executor holds as trustee or as beneficiary is registered, the registrar-general must make an entry of the vesting of the trust property or enter, vary or withdraw caveats, as the case requires.

    (5)     However, the registrar-general shall not be bound so to do until a written request is made to him or her by the persons in whom the property is to be vested, such evidence is given as he or she may reasonably require, and such notice (if any) is given to any other person as he or she may direct.