South Australian Current Acts South Australian Current Acts48—Trustee to have power to sell or convey in certain cases
(1) Where a trustee
has, by the instrument creating the trust, power, subject to the direction,
request, or authority of any person, to sell, convey, assure, mortgage, or
otherwise deal with property, and that person is dead, of unsound mind, a
lunatic, under disability, or absent from the State, the Supreme Court may
authorise the trustee to sell, convey, assure, mortgage, or otherwise deal
with the property as if such direction, request, or authority had been given,
but the power conferred by this section shall not be exercised so as to
injuriously affect any beneficial interest of such person.
(2) This section
applies to trusts created either before or after the commencement of this Act.
(3) This section shall
authorise the Supreme Court to confirm any sale, conveyance, assurance,
mortgage, or other dealing heretofore made or executed by such trustee in any
case in which the court, under this Act, would have authorised the same had it
not been made or executed.