South Australian Consolidated Acts South Australian Consolidated Acts46—Administrator or trustee to adjust duties
(1) Subject to any
specific direction appearing in any will, deed of gift, or settlement, to the
contrary, every administrator or trustee or person required to pay duty under
this Act, shall adjust any duties, and the incidence of any duties payable or
paid by him, so as to throw the burden thereof upon the respective properties
on which the same shall be ultimately chargeable.
(2) For the purpose of
carrying any such adjustment into effect, or for the purpose of raising money
for the payment of any duty, the administrator or trustee or person as
aforesaid may sell, or mortgage with a power of sale, all or any part of the
real or personal property chargeable with duty, upon such terms and conditions
in all respects as in his discretion may seem proper.
(3) The administrator
or trustee or person as aforesaid may also, for the purpose aforesaid, by any
instrument in writing, impose any charge upon any property in favour of any
person, whether then ascertained or not, entitled contingently or otherwise to
any other property. Any such charge as to land not under the provisions of the
Real Property Act 1886 may be in the prescribed form, and may contain a
power of sale, and may be upon such terms and conditions as the administrator
or trustee or person as aforesaid may think proper. As to land under the
provisions of the Real Property Act 1886 the charge may be effected by
memorandum of encumbrance under the said Act, upon such terms and conditions
as the administrator or trustee or person as aforesaid may think proper; but
notwithstanding the provisions of the Real Property Act 1886 no covenant
by the encumbrancer shall be implied in any such encumbrance.
(4) The powers and
discretions conferred by this section shall be subject to the control and
direction of the court as in cases of ordinary trusts, and the court may also,
on application by summons or otherwise, make any order which it may deem
advisable for the purpose of adjusting the duties and the incidence of the
duties payable under this Act.