ACTIn ForceAct
Trustee Act 1925
13Protection of purchasers
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13 Protection of purchasers
(1) A statement in a registered deed by which a new trustee is appointed
to the effect of any of the following matters, is, in favour of a
subsequent honest purchaser, conclusive evidence of the appointment
and any vesting resulting from the appointment:
(a) that a trustee has remained outside the ACT for longer than
1 year without having properly delegated the execution of the
(b) that a trustee has remained outside the ACT for longer than
2 years;
(c) that a trustee refuses to act, is unfit to act, or cannot act, as
trustee.
(2) A statement contained in any registered instrument by which an
executor declares that he or she holds any property as trustee or as
beneficiary, as the case may be, to the effect that all the executorial
duties with respect to the property have been duly performed, shall in
favour of a subsequent honest purchaser be conclusive evidence of
the matter so stated upon any question as to the capacity in which the
property was held.
(3) The protection afforded by this section to an honest purchaser extends
to the registrar-general when registering or certifying title.