Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 39

39 Trustee on statutory trusts for sale or partition to consult persons interested

(1) So far as practicable trustees on the statutory trust for sale, or on the statutory trust for partition, shall—

(a) consult the persons of full age and not subject to disability for the time being beneficially entitled to income of the property until sale or partition, and the public trustee or other person charged by law with the management and care of the property of any person for whom an administrator has been appointed under the Guardianship and Administration Act 2000 for the property, or protected person, for the time being beneficially entitled to income of the property until sale or partition; and

(b) so far as consistent with the general interest of the trust, give effect to the wishes of the persons so consulted if they are interested in respect of more than half of the income of the property until sale or partition or, in case of dispute, of such of the persons so consulted as are in agreement and are interested in respect of more than half of the income of the property until sale or partition.

(2) A purchaser shall not be concerned to see that this section has been complied with.