ACTIn ForceAct
Trustee Act 1925
18Ratio of loan to value
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18 Ratio of loan to value
(1) A trustee lending money on the security of any property on which he
or she can lawfully lend shall not be chargeable with breach of trust
by reason only of the proportion borne by the amount of the loan to
the value of the property at the time when the loan was made,
provided that the loan was made in accordance with this section.
(2) A loan shall be deemed not to have been made by a trustee in
accordance with this section—
(a) unless the trustee acts upon a report of the value of the property
made by a person reasonably believed by the trustee to be a
competent valuer and instructed and employed by the trustee
independently of any owner of the property, whether the valuer
carries on business in the locality where the property is situated
or elsewhere; and
(b) unless the loan is made upon the advice, expressed in the report,
of the valuer; and
(c) unless the amount of the loan is not more than 2/3 of the value of
the property as stated in the report.