51Validity of payment by attorney under power without notice of death, &c.

51 Validity of payment by attorney under power without notice of death, &c.

(1)  [Section 51 Subsection (1) amended by No. 39 of 2013, s. 18, Applied:01 Feb 2014] [Section 51 Subsection (1) amended by No. 39 of 2013, s. 18, Applied:01 Feb 2014] A person making a payment or doing any act, in good faith, under a power of attorney (other than an enduring power of attorney) is not liable in respect of the payment or act by reason that before the payment or act the donor –

(a) had died; or

(b) had become subject to a mental incapacity, bankrupt or insolvent; or

(c) had revoked the power –

if the fact of death, mental incapacity, bankruptcy, insolvency or revocation –

(d) [Section 51 Subsection (1) amended by No. 39 of 2013, s. 18, Applied:01 Feb 2014] was not at the time of the payment or act known to the person making the payment or doing the act; or

(e) [Section 51 Subsection (1) amended by No. 39 of 2013, s. 18, Applied:01 Feb 2014] ought not reasonably be expected to have been known, by the person making the payment or doing the act, at the time of the payment or act; or

(f) [Section 51 Subsection (1) amended by No. 39 of 2013, s. 18, Applied:01 Feb 2014] could not, by reasonable inquiry by the person making the payment or doing the act, have been known by the person at the time of the payment or act.

(1A)  [Section 51 Subsection (1A) inserted by No. 39 of 2013, s. 18, Applied:01 Feb 2014] A person making a payment or doing any act, in good faith, under an enduring power of attorney is not liable in respect of the payment or act by reason that before the payment or act the power of attorney had been revoked by virtue of section 32AE , if the circumstances by virtue of which the power of attorney was so revoked under that section –