Australian Capital Territory Current Acts

TRUSTEE ACT 1925 - SECT 58

    (1)     This section applies if—

        (a)     a trustee pays an amount, or does something else, honestly under a power of attorney given by a person; and

        (b)     when the trustee does the thing—

              (i)     the person is dead or has done something to end the power of attorney; but

              (ii)     the trustee is unaware of this.

    (2)     The trustee is not liable for doing the thing.

    (3)     If the trustee pays an amount to a person (the "payee")—

        (a)     this section does not affect the rights against the payee of anyone entitled to the amount (an affected person ); and

        (b)     the affected person is entitled to the same remedies against the payee as the affected person would have had against the trustee.