New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 154

154 Powers of executors as to sale, mortgage or lease of real estate

(1) The executor of any person dying on or after the fifteenth day of December, 1890 (being the day of the passing of the Probate Act of 1890 ), and to whom probate has been granted prior to the commencement of this Act, shall have and shall be deemed to have had power without the leave of a Court--

(a) to sell or mortgage the real estate of the deceased for purposes of administration,

(b) to sell the real estate as to which the testator died intestate for purposes of distribution or division amongst the persons entitled,

(c) to lease the real estate of the deceased in possession for any term not exceeding three years.

(3) No purchaser, nor the Registrar-General, Crown Solicitor, or other person registering or certifying title under any sale, mortgage, or lease under this section shall be bound to inquire whether the powers abovementioned, or any of them, are being or have been exercised for the purposes abovementioned, and the receipt of the executor or administrator shall be a sufficient discharge and shall exonerate the persons paying the same from any responsibility for the application of the moneys expressed to have been so received.

(4) Nothing in this section shall be taken to invalidate any lease for a longer period than three years which was validly granted by an executor prior to the commencement of this Act.