Western Australian Current Acts

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TRUSTEES ACT 1962 - SECT 28

28 .         Trust or power to sell property, duration of

        (1)         Where the instrument creating a trust to sell property or a power to sell property does not expressly limit the duration of the trust or power, then, 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 not under any disability the trustee may sell the property; but in all other respects the authority conferred by this section is subject to any restrictions to which the trust or power created by the instrument is subject.

        (2)         A purchaser of any property sold under a trust for sale or a power to sell, or the Registrar of Titles or other person registering or certifying title, shall not be concerned to enquire whether the property was sold under the authority conferred by this section.

        (3)         Nothing in this section affects a trust for sale or a power to sell that is for the time being in existence under the instrument creating the trust or power.



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