43Evidence as to vacancy in a trust

43 Evidence as to vacancy in a trust (1) A statement contained in any instrument by which a new trustee is appointed, to the effect that a trustee— (a) is dead; or (b) has remained out of Victoria for more than one year without having properly delegated the execution of the trust; or (c) desires to be discharged from all or any of the trusts or powers reposed in or conferred upon him; or (d) refuses or is unfit to act, or is incapable of acting in all or any of the trusts or powers reposed in or conferred on him; or S. 43(1)(e) amended by No. 9427 s. 6(1)(Sch. 5 item 185). (e) is a minor; or (f) is not entitled to a beneficial interest in the trust property in possession— shall, in favour of a subsequent purchaser in good faith, be conclusive evidence of the matter stated. (2) In favour of any subsequent purchaser in good faith any appointment of a new trustee depending on that statement, and any vesting declaration, express or implied, depending on the appointment, shall be valid. (3) The protection afforded to a purchaser by this section shall extend to the Registrar-General, Registrar of Titles, or other person registering or certifying title. (4) This section applies to instruments of appointment signed either before or after the commencement of this Act. No. 5770 s. 44.