64Extent of power of persons under disability to sell

64 Extent of power of persons under disability to sell

(1)  The power to sell land pursuant to section 65 may be exercised –

(a) by a person, not only on behalf of the person and on behalf of the person's personal representatives, successors in title, or persons beneficially entitled under the person's will or on the person's intestacy, but also on behalf of every person who is entitled in reversion, remainder or expectancy after the person and in defeasance of the estate of every person who is so entitled; and

(b) by a guardian on behalf of a ward to the same extent as the ward could exercise that power if the ward were not under a disability; and

(c) by the administrator of a convict's property on behalf of the convict to the same extent as the convict could exercise that power if he or she were not a convict; and

(d) by trustees, executors or administrators on behalf of their beneficiaries (whether persons under a disability or not) to the same extent as the beneficiaries could exercise that power if they were not under a disability.

(2)  Subsection (1) (a) does not apply to a lessee for life, for lives and years, for years or for a less interest.

(3)  [Section 64 Subsection (3) substituted by No. 33 of 1996, Sched. 1, Applied:01 Sep 1997] Subject to subsection (4) , the powers conferred by section 63 on an administrator referred to in section 63(2)(c)  –

(a) [Section 64 Subsection (3) amended by No. 18 of 2021, s. 222, Applied:05 Nov 2021] are not to be exercised without the authority of the Tasmanian Civil and Administrative Tribunal given under section 56 of the Guardianship and Administration Act 1995 ; and

(b) [Section 64 Subsection (3) amended by No. 18 of 2021, s. 222, Applied:05 Nov 2021] are to be exercised subject to any conditions or restrictions made by the Tribunal under that section.