NTIn ForceAct
Trustee Act 1893
28Vesting order as to land
Start here
Get a plain-English read of 28
Turn the raw legal text into a practical explanation grounded in Trustee Act 1893.
28 Vesting order as to land
In any of the following cases, namely:
I Where the Supreme Court appoints or has appointed a new
trustee;
II Where a trustee entitled to or possessed of any land, or
entitled to a contingent right therein, either solely or jointly with
any other person:
(a) is a lunatic or person of unsound mind; or
(b) is an infant; or
(c) is out of the jurisdiction of the Supreme Court; or
(d) cannot be found;
III Where it is uncertain who was the survivor of 2 or more
trustees jointly entitled to or possessed of any land or entitled
to a contingent right therein;
IV Where as to the last trustee known to have been entitled to or
possessed of any land, or entitled to a contingent right therein,
it is uncertain whether he is living or dead;
V Where there is no heir or representative to a trustee who was
entitled to or possessed of land or entitled to a contingent right
therein and has died intestate as to that land, or where it is
uncertain who is the heir or representative or devisee of a
trustee who was entitled to or possessed of land or entitled to
a contingent right therein and is dead; and
Proclamation in the Government Gazette 21
VI Where a trustee jointly or solely entitled to or possessed of
any land, or entitled to a contingent right therein, has been
required, by or on behalf of a person entitled to require a
conveyance of the land or a release of the right, to convey the
land or to release the right, and has wilfully refused or
neglected to convey the land or release the right for 28 days
after the date of the requirement,
the Supreme Court may make an order (in this Act called a vesting
order) vesting the land in any such person in any such manner and
for any such estate as the Court may direct, or releasing or
disposing of the contingent right to such person, as the Court may
direct: Provided that:
(a) where the order is consequential on the appointment of a new
trustee the land shall be vested for such estate as the Court
may direct in the persons who on the appointment are the
trustees; and
(b) where the order relates to a trustee entitled jointly with another
person, and such trustee is out of the jurisdiction of the
Supreme Court or cannot be found, the land or right shall be
vested in such other person, either alone or with some other
person.