Australian Capital Territory Current Acts

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TRUSTEE ACT 1925 - SECT 27B

Postponement of sale

    (1)     A power to postpone sale is implied in every trust for sale, unless the contrary intention appears in the trust instrument.

    (2)     Subject to any express direction to the contrary in the trust instrument, if there is power to postpone sale—

        (a)     the trustee for sale is not liable for postponing the sale, in the exercise of his or her discretion, for any indefinite period; and

        (b)     a buyer need not investigate any directions about the postponement of sale.

    (3)     Where a disposition or settlement coming into operation after 1 December 1957 contains a trust either to retain or sell any property, the disposition or settlement is taken to be a trust to sell the property with power to postpone the sale.



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