QLDIn ForceAct
Trusts Act 1973
sec.83In whom property to be vested etc.
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### sec.83 In whom property to be vested etc.
Where the making of a vesting order is consequential on the appointment of a new trustee, the property shall be vested in the persons who, on the appointment, are the trustees.
Where the making of a vesting order is consequential on the retirement of 1 or more of a number of trustees, the property may be vested in the continuing trustees alone.
Subject to the provisions of subsection (1) , a vesting order may vest the property in any such person in any such manner and for any such estate or interest as the court may direct, or may release or dispose of any contingent right to such person as the court may direct.
The fact that a vesting order is founded or purports to be founded on an allegation of the existence of any of the matters mentioned or referred to in section 82 shall be conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order.
Nothing in this Act shall prevent the court from directing a reconveyance or the payment of costs occasioned by any such order if improperly obtained, or from making a further vesting order.
A vesting order shall not vest in any person shares which are not fully paid up unless that person applies for the order or consents to the order being made or unless the court directs that the person’s consent be dispensed with.
(sec.83-ssec.1) Where the making of a vesting order is consequential on the appointment of a new trustee, the property shall be vested in the persons who, on the appointment, are the trustees.
(sec.83-ssec.2) Where the making of a vesting order is consequential on the retirement of 1 or more of a number of trustees, the property may be vested in the continuing trustees alone.
(sec.83-ssec.3) Subject to the provisions of subsection (1) , a vesting order may vest the property in any such person in any such manner and for any such estate or interest as the court may direct, or may release or dispose of any contingent right to such person as the court may direct.
(sec.83-ssec.4) The fact that a vesting order is founded or purports to be founded on an allegation of the existence of any of the matters mentioned or referred to in section 82 shall be conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order.
(sec.83-ssec.5) Nothing in this Act shall prevent the court from directing a reconveyance or the payment of costs occasioned by any such order if improperly obtained, or from making a further vesting order.
(sec.83-ssec.6) A vesting order shall not vest in any person shares which are not fully paid up unless that person applies for the order or consents to the order being made or unless the court directs that the person’s consent be dispensed with.