New South Wales Consolidated Acts

TRUSTEE ACT 1925 - SECT 27

27 Duration of trust or power to sell

(1) Where the instrument creating a trust or power to sell property does not expressly limit the duration of the trust or power, the trustee may, if so requested in writing by any beneficiary, sell the property under the authority conferred by this section and shall be deemed to be a trustee for sale accordingly, notwithstanding any lapse of time or that all the beneficiaries are absolutely entitled to the property in fee simple or full ownership in possession and are free of any incapacity, but in all other respects the authority conferred by this section shall be subject to any restrictions to which the power or trust created by the instrument is subject.

(2) Nothing in this section shall affect any trust or power to sell which is for the time being in existence under the instrument creating the trust or power.

(3) This section applies only if and as far as a contrary intention is not expressed in the instrument creating the trust or power and shall have effect subject to the terms of that instrument and to the provisions therein contained.

(4) This section applies to trusts or powers created either before or after the commencement of this Act.