ACTIn ForceAct
Land Titles Act 1925
138AAppointment of new or additional trustees
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138A Appointment of new or additional trustees
(1) Where any land or interest under this Act is held by a trustee, either
solely or jointly with other trustees, and—
(a) the trustee vacates his or her office and a new trustee is
appointed in his or her place or the vacancy is not filled; or
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(b) an additional trustee is appointed to hold the land or interest
jointly with the existing trustees;
the registrar-general, upon receipt of the instrument effecting the
vacancy or appointing the new or additional trustee, or of an office
copy thereof, or of a copy thereof verified by affidavit, or upon
production of such other evidence as the registrar-general thinks
sufficient, and upon being satisfied that the vacation of office or the
new or additional appointment, as the case may be, is in accordance
with law, shall, subject to this Act, enter in the folio of the register for
the land, a memorandum setting forth the fact of the vacation of the
office or of the new or additional appointment, as the case may
require.
(2) Upon the entry being made, the new trustee, the continuing trustees,
or the continuing trustees and the new trustee or the additional trustee,
as the case may be, shall be deemed to be the registered proprietor or
proprietors of the land or interest, and as such to be subject to this Act
as if he or she or they were the trustee or trustees originally registered
as proprietor or proprietors of the land or interest.
trustee includes an assignee or trustee of a bankrupt or insolvent
registered proprietor, and an executor or administrator of the estate of
a deceased proprietor.