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Administration and Probate Act 1969
105Requirement for life tenant to give undertaking
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105 Requirement for life tenant to give undertaking
(1) If:
(a) a person is in occupation of or has the use or enjoyment of
land as a legal or equitable tenant for life; and
(b) that land is the subject of an estate being administered by a
professional personal representative,
the professional personal representative may require the person to
give an undertaking, with the security that the professional personal
representative may require, to keep the property in repair and to
pay the rates and taxes, insurance premiums, assessments, rents,
impositions and other outgoings that the person is legally required
to pay.
(2) If a life tenant fails to comply with an undertaking given in
pursuance of subsection (1), the professional personal
representative may serve on the life tenant a notice requiring the
life tenant to remedy the default or give up possession of the land
within the time specified in the notice.
(3) The time specified in a notice served under subsection (2) is to be
not less than one month after the date of service.
(4) If a life tenant fails to comply with a notice served under
subsection (2), the legal or equitable life tenancy is terminated and
the professional personal representative may claim possession of
the property as if the life tenant were a trespasser.
Administration and Probate Act 1969 49