29Certified disposition to a minor

#### 29 Certified disposition to a minor 29 Certified disposition to a minor > > (1) Where a disposition of property is made to a minor for consideration and a certificate in respect of the disposition is given in accordance with this section, the disposition is presumptively binding on the minor. > > > (2) A certificate for the purposes of this section in respect of a disposition of property made to a minor for consideration must: > > > > > (a) be given before, but not more than seven days before, the making of the disposition, and > > > > > (b) be given: > > > > > > > (i) by a solicitor instructed and employed independently of any other party to the disposition, or > > > > > > > (ii) by the NSW Trustee and Guardian, and > > > > > (c) state that the person giving the certificate is satisfied that: > > > > > > > (i) the minor understands the true purport and effect in law of the disposition, and > > > > > > > (ii) the minor takes the disposition freely and voluntarily, and > > > > > (d) state that the person giving the certificate has received a written statement from an independent and appropriately qualified valuer or other financial adviser to the effect that the consideration for the disposition is not manifestly excessive, and > > > > > (e) have annexed to the certificate a copy of the written statement referred to in paragraph (d). > > > (3) Save to the extent to which, under Part 3 of the [Sale of Goods Act 1923](/view/html/inforce/current/act-1923-001) or otherwise, a promise may operate as a disposition of property, this section does not make presumptively binding on a minor a promise by the minor which is the whole or part of the consideration for a disposition of property to the minor. > > > (4) Where the burden of, or arising under, a covenant or other promise runs with property so as to impose an obligation or restriction on a person to whom a disposition of the property is made in any manner or circumstances, this section does not make presumptively binding on a minor a disposition of that property made to the minor in that manner or those circumstances. > > **s 29:** Am 2002 No 26, Sch 2.8 \[3\] \[4\]; 2009 No 49, Sch 2.38.