New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 28

28 Release and disclaimer of powers

(1) A person to whom is given any power (other than a power coupled with a duty), whether coupled with an interest or not, may by deed release or contract not to exercise the power.

(2) Any such person as aforesaid may by deed disclaim any such power, and after such disclaimer shall not be capable of exercising or joining in the exercise of the power.

(3) On such disclaimer the power may be exercised by the other or others, or the survivors or survivor of the others, of the persons to whom the power is given, unless the contrary is expressed in the instrument creating the power.

(4) This section applies to powers created by instruments coming into operation either before or after the commencement of this Act.

(5) Where any such power is exercisable by a dealing to be registered under the Real Property Act 1900 , the power may be released or disclaimed by a dealing in the form approved under that Act and such a dealing may be registered under that Act.