New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 157

157 Purchaser from devisee etc not bound to inquire as to payment of debts of testator or intestate

(1) Where an executor or administrator has, as to any land of a deceased person vested in him or her as such executor or administrator--

(a) conveyed the land to, or

(b) executed an acknowledgment vesting the land in, or

(c) consented to the transmission under the Real Property Act 1900 of the land to,

a devisee, legatee, or person entitled on intestacy as the case may be, or to any person claiming under that devisee, legatee or person entitled on intestacy, neither the purchaser of the land nor the Registrar-General, nor in the case of land under any Act relating to Crown lands, the Crown Solicitor shall be or shall be deemed ever to have been concerned to inquire as to the payment of the debts, funeral and testamentary expenses of such deceased person.

(2) Any such purchaser shall take and be deemed to have taken the land free from such debts, funeral and testamentary expenses, and no action shall lie against the Registrar-General or the Crown in respect of any such debt, funeral or testamentary expense.

(3) This section applies to purchases made before as well as after the commencement of this Act.