49Delivery of deeds

49 Delivery of deeds (1) On the commencement of this Act: (a) execution of an instrument: (i) in the form of a deed; or (ii) in a manner provided for in section 47 or 48, does not of itself import delivery; and (b) delivery is not to be presumed from the fact of execution only unless it appears that execution of the document was intended to constitute delivery of the document. (2) Subject to subsection (1), delivery may be inferred from any fact or circumstance, including words and conduct, indicative of delivery. (3) In this section, delivery means the intention to be legally bound either immediately or subject to fulfilment of a condition.