Australian Capital Territory Repealed Acts

This legislation has been repealed.

CONVEYANCING ACT 1919 (REPEALED) - SECT 151D

    (1)     If a child is absolutely entitled under the will or on the intestacy of a person (the deceased ), to a devise or legacy, or to the residue of the estate of the deceased, or any share in the estate, and the devise, legacy, residue, or share is not under the will (if any) of the deceased, devised or bequeathed to trustees for the child, the personal representatives of the deceased may by registered deed appoint a trust corporation or 2 or more individuals not exceeding 4 (whether or not including the personal representatives or 1 or more of the personal representatives) to be the trustee or trustees of the devise, legacy, residue, or share for the child, and to be trustees of any land devised or any land being or forming part of the residue or share for section 151C.

    (2)     If a trust corporation, or a trust corporation and 1 or more individuals are the personal representatives of the deceased, the personal representatives may by registered deed appoint the trust corporation either alone or with 1 or 2 individuals (whether or not including 1 or both the individual personal representatives) to be trustees for the child.

    (3)     On the appointment the provisions of the Trustee Act 1925 , section 9 (Vesting on appointment and retirement), shall apply to the vesting in the trustees of the devise, legacy, residue, or share.

    (4)     On the appointment—

        (a)     the personal representatives, as such, shall be discharged from all further liability in relation to the devise, legacy, residue or share; and

        (b)     the rights to which the child is entitled in virtue of the devise, legacy, residue or share shall be restricted to the property that, by the operation of this section and the Trustee Act 1925 , section 9 (Vesting on appointment and retirement), is vested in the trustees for the child and shall not extend to any other property; and

        (c)     the devise, legacy, residue or share may be kept in its existing condition or state of investment or may be converted into money and the money may be invested in any authorised investment.

    (5)     If land that is subject to the provisions of the Land Titles Act 1925 is affected by a registered deed, the registrar-general shall, subject to subsection (6), make an entry of the vesting of the land or enter, vary or withdraw the caveats the registrar-general considers proper in the circumstances.

    (6)     The registrar-general is not bound to act under subsection (5) unless the person in whom the land is to be vested—

        (a)     requests, in writing, that the entry be made; and

        (b)     gives any evidence in support of the request that the registrar-general may reasonably require; and

        (c)     gives the notice (if any) of the request to the persons that the registrar-general may reasonably require.

    (7)     In this section:

"registered deed "means a deed registered under the Registration of Deeds Act 1957 .

"trust corporation" does not include the public trustee.