New South Wales Consolidated Acts

PROBATE AND ADMINISTRATION ACT 1898 - SECT 46E

46E Mode of divesting land from an executor or administrator

(1)

(a) Real estate vested in an executor or administrator shall not be divested from the executor or administrator and vested in another person who may be entitled thereto either beneficially or as a trustee, or an executor or administrator, otherwise than by a registered conveyance, or by an acknowledgment operating under section 83, or by registration under the provisions of the Real Property Act 1900 .

(b) This subsection extends to real estate vested in an executor or administrator at the commencement of the Conveyancing (Amendment) Act 1930 or thereafter becoming so vested.

(2)

(a) Real estate mentioned in section 83 shall not, as against a purchaser in good faith from an executor or administrator, be held to have been divested from the executor or administrator and vested in another person entitled thereto, except by a registered conveyance, or by an acknowledgment operating under that section.

(b) This subsection applies to purchases made on or after the fifteenth day of December, one thousand eight hundred and ninety (being the day of the passing of the Probate Act of 1890 ).