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Trustee Act 1925
11Ceasing to be executor
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11 Ceasing to be executor
(1) If any property is vested in any person as executor of a will under
which he or she is the trustee of the property or is beneficially entitled
to it, the person may, at any time after all the executorial duties with
respect to the property have been duly performed, declare by
registered instrument in writing that he or she has ceased to hold the
property as executor and that he or she holds the same as trustee or as
beneficiary, as the case may be.
(2) Where a declaration is so made, the property shall, except as
otherwise provided in this section, be deemed to be held in
accordance with the declaration.
(3) For land under the Land Titles Act 1925—
(a) if the declaration is that the executor holds the land as trustee—
the land is not taken to be so held until the registrar-general
enters for the land a caveat forbidding the registration of any
instrument not in accordance with the trusts and provisions of
the will; or
(b) if the declaration is that the executor holds the land as
beneficiary—the land is not taken to be so held until the
registrar-general withdraws any inconsistent caveat.