Australian Capital Territory Current Acts Australian Capital Territory Current ActsIf real property is devised to a trustee or executor, the devise shall be construed as passing the fee simple or other the whole estate or interest that the testator had power to dispose of by will in the real property, unless a definite term of years (whether or not provision is made for determining the estate before the expiration of that term) or an estate of freehold is given to him or her expressly or by implication.