QLDIn ForceAct
Trusts Act 1973
sec.90Effect of vesting order
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### sec.90 Effect of vesting order
Subject to the provisions of any other Act, a vesting order vests the property to which it relates in the persons named in the order without any conveyance, transfer or assignment.
Such property shall vest in the persons named as trustees or otherwise as appears from the order.
Where more than 1 person is named in the order, the order vests as aforesaid the property to which it relates in those persons as joint tenants.
Where, by reason of the provisions of any other Act or for the protection of any trust property to which the order relates, it is requisite that the order should be notified to or registered or recorded by the registrar or other person having the duty or function of registering or recording the order, the trustees shall—
produce the order to the registrar or such other person; and
do such other act or acts as may properly be required by the registrar or such other person;
for the purpose of effecting the notification, registration or recording of that order.
Where the consent of any person is requisite to the conveyance, transfer or assignment of any property to which a vesting order relates the order shall, unless it otherwise specifies, be subject to such consent; but the consent may be obtained after the making of the order by the persons named in the order.
The order, or the registration or recording thereof, shall not operate as a breach of covenant or condition or occasion any forfeiture of any lease, under-lease, agreement for lease, or other property.
The person in whose favour a vesting order as trustee is made has and may exercise in relation to the property the subject of the order all the powers by this Act conferred on or capable of being exercised by a trustee; but the court may by the order limit or, under section 95 , enlarge those powers as it thinks fit.
s 90 amd 1981 No. 72 s 18
(sec.90-ssec.1) Subject to the provisions of any other Act, a vesting order vests the property to which it relates in the persons named in the order without any conveyance, transfer or assignment.
(sec.90-ssec.1A) Such property shall vest in the persons named as trustees or otherwise as appears from the order.
(sec.90-ssec.2) Where more than 1 person is named in the order, the order vests as aforesaid the property to which it relates in those persons as joint tenants.
(sec.90-ssec.3) Where, by reason of the provisions of any other Act or for the protection of any trust property to which the order relates, it is requisite that the order should be notified to or registered or recorded by the registrar or other person having the duty or function of registering or recording the order, the trustees shall— produce the order to the registrar or such other person; and do such other act or acts as may properly be required by the registrar or such other person; for the purpose of effecting the notification, registration or recording of that order.
(sec.90-ssec.4) Where the consent of any person is requisite to the conveyance, transfer or assignment of any property to which a vesting order relates the order shall, unless it otherwise specifies, be subject to such consent; but the consent may be obtained after the making of the order by the persons named in the order.
(sec.90-ssec.5) The order, or the registration or recording thereof, shall not operate as a breach of covenant or condition or occasion any forfeiture of any lease, under-lease, agreement for lease, or other property.
(sec.90-ssec.6) The person in whose favour a vesting order as trustee is made has and may exercise in relation to the property the subject of the order all the powers by this Act conferred on or capable of being exercised by a trustee; but the court may by the order limit or, under section 95 , enlarge those powers as it thinks fit.
- (a) produce the order to the registrar or such other person; and
- (b) do such other act or acts as may properly be required by the registrar or such other person;