108Saving for and exercise of other powers

108 Saving for and exercise of other powers (2) In case of conflict between the provisions of a settlement and the provisions of this Act, relative to any matter in respect whereof the tenant for life or statutory owner exercises or contracts or intends to exercise any power under this Act, the provisions of this Act shall prevail; and accordingly, notwithstanding anything in the settlement, the consent of the tenant for life or statutory owner shall by virtue of this Part be necessary to the exercise by the trustees of the settlement or other persons of any power conferred by the settlement exercisable for any purpose provided for in this Act: Provided that where two or more persons constitute the tenant for life or statutory owner the consent of one only of such persons is to be deemed necessary for the exercise of any such power. [↑](#endnote-ref-3) 3. S. 13(6): Section 32(1) of the **Property Law Act 1958**, No. 6344/1958 reads as follows: 32 Power to postpone sale (1) A power to postpone sale shall, in the case of every trust for sale of land, be implied unless a contrary intention appears. [↑](#endnote-ref-4) 4. S. 24(3)(b): Section 67 of the **Settled Land Act 1958**, No. 6367/1958 reads as follows: 67 Sale and purchase of heirlooms under order of court (1) Where personal chattels are settled so as to devolve with settled land, or to devolve therewith as nearly as may be in accordance with the law in force at the date of settlement, or are settled upon trusts declared by reference to the trusts affecting land, a tenant for life of the land with the consent of the trustees of the settlement or the order of the Court may sell the chattels or any of them. (2) The money arising by the sale shall be capital money arising under this Act, and shall be paid, invested, or applied and otherwise dealt with in like manner in all respects as by this Act directed with respect to other capital money arising under this Act, or may be invested in the purchase of other chattels of the same or any other nature, which, when purchased, shall be settled and held on the same trusts, and shall devolve in the same manner as the chattels sold. (3) A sale or purchase of chattels under this section shall not be made without the consent of the trustees of the settlement or an order of the Court. [↑](#endnote-ref-5) 5. S. 28(3)(a): Section 69 of the **Property Law Act 1958**, No. 6344/1958 (as amended by No. 23/1998) reads as follows: 69 Receipt in deed or indorsed authority for payment to legal practitioner S. 69(1) amended by Nos 23/1998 s. 8(2), 75/2006 s. 192(Sch. 2 item 4.1). (1) Where a banker, legal practitioner or conveyancer produces a deed, having in the body thereof or indorsed thereon a receipt for consideration money or other consideration, the deed being executed, or the indorsed receipt being signed, by the person entitled to give a receipt for that consideration, or produces a duly executed instrument under the **Transfer of Land Act 1958** the deed or instrument (as the case may be) shall be a sufficient authority to the person liable to pay or give the same for his paying or giving the same to the banker, legal practitioner or conveyancer, without the banker, legal practitioner or conveyancer producing any separate or other direction or authority in that behalf from the person who executed or signed the deed or receipt or instrument. (2) This section shall apply whether the consideration was paid or given before or after the commencement of this Act. S. 69(3) amended by No. 11/2001 s. 3(Sch. item 59.1(a)(b)). (3) In this section ***instrument*** includes a discharge of mortgage and ***banker*** means a person acting in his or her official capacity as general manager or manager of any company solely or chiefly engaged in the ordinary business of banking or as the manager conducting for such company the business of any branch of an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth. S. 69(4) inserted by No. 75/2006 s. 192(Sch. 2 item 4.2). (4) In this section, ***conveyancer*** means a licensee under the **Conveyancers Act 2006**. [↑](#endnote-ref-6) 6. S. 30: Compare section 36 of the **Property Law Act 1958**, No. 6344/1958 which reads as follows: 36 Delegation of powers of management by trustees for sale (1) The powers of and incidental to leasing, accepting surrenders of leases and management, conferred on trustees for sale whether by this Part or otherwise, may, until sale of the land, be revocably delegated from time to time, by writing, signed by them, to any person of full age (not being merely an annuitant) for the time being beneficially entitled in possession to the net rents and profits of the land during his life or for any less period; and in favour of a lessee such writing shall, unless the contrary appears, be sufficient evidence that the person named therein is a person to whom the powers may be delegated, and the production of such writing shall, unless the contrary appears, be sufficient evidence that the delegation has not been revoked. (2) Any power so delegated shall be exercised only in the names and on behalf of the trustees delegating the power. (3) The persons delegating any power under this section shall not, in relation to the exercise or purported exercise of the power, be liable for the acts or defaults of the person to whom the power is delegated, but that person shall, in relation to the exercise of the power by him, be deemed to be in the position and to have the duties and liabilities of a trustee. (4) Where, at the commencement of this Act, an order made under section one hundred and thirty-six of the **Settled Estates and Settled Land Act 1915** or any corresponding previous enactment, is in force, the person on whom any power is thereby conferred shall, while the order remains in force, exercise such power in the names and on behalf of the trustees for sale in like manner as if the power had been delegated to him under this section. [↑](#endnote-ref-7) 7. S. 31: See section 46 of the **Administration and Probate Act 1958**, No. 6191/1958 which has not been reproduced here because of its length. [↑](#endnote-ref-8) 8. S. 33(1)(a): Section 30 of the **Administration and Probate Act 1958**, No. 6191/1958 reads as follows: 30 Executors or administrators may serve notice on claimant (1) A personal representative, having notice, whether under the provisions of section thirty-three of the **Trustee Act 1958** or otherwise, that any claim has been or may be made against the estate of which he is the personal representative, may serve upon any person making or possibly entitled to make such claim a notice requiring such person to take within a period of three months from the date of receiving such notice all proceedings proper to enforce or to establish such claim and to duly prosecute the same. S. 30(2) amended by No. 110/1986 s. 140(2). (2) After the expiration of the said period of three months such personal representative may apply to the Court for an order to some such effect as hereinafter in this section mentioned. S. 30(3) amended by No. 110/1986 s. 140(2). (3) Upon the hearing of such application the Court, if not satisfied that such proceedings as aforesaid have been taken and are being duly prosecuted, may— (a) order that the said period be extended; or (b) order that the claim of any person so served with notice of the application be for all purposes barred; or (c) make any further or other order enabling the estate to be distributed or dealt with without regard to the claim; and S. 30(3)(d) amended by No. 110/1986 s. 140(2). (d) in any case impose such conditions and give such directions including a direction as to the payment of the costs of or incidental to the application as to the Court seems just. [↑](#endnote-ref-9) 9. S. 37(3): Section 38 of the **Wills Act 1997**, No. 88/1997 reads as follows: 38 Income on contingent and future dispositions A contingent, future or deferred disposition of property, whether specific or residuary, includes any intermediate income of the property which has not been disposed of by the will. [↑](#endnote-ref-10) 10. S. 40(3)(c): See section 125 of the **Property Law Act 1958**, No. 6344/1958, which has not been reproduced here because of its length. [↑](#endnote-ref-11) 11. S. 42(1)(c): See section 18(2) where certain moneys for which a sole trustee cannot give a valid receipt are stated. [↑](#endnote-ref-12) 12. S. 42(2): See note 11. [↑](#endnote-ref-13) 13. S. 68: See Pt VIII of the **Marriage Act 1958**, No. 6306/1958 which has not been reproduced here because of its length. [↑](#endnote-ref-14) 14. S. 70(1): See section 102 of the **Settled Land Act 1958**, No. 6367/1958 which has not been reproduced here because of its length. [↑](#endnote-ref-15) 15. S. 72: See sections 545, 547, 548, 562–565 of the **Crimes Act 1958**, No. 6231/1958. [↑](#endnote-ref-16)