sec.35Transfer etc. of trust property

sec.35 Transfer etc. of trust property

Each pre-change trustee and post-change trustee must do all things necessary to assist in the notification, registration or recording of the divesting and vesting of the trust property under a requirement mentioned in section 34 (2) . The instrument of change is taken to be a conveyance of the trust property from the pre-change trustees to— the post-change trustee; or if there is more than 1 post-change trustee—the post-change trustees, as joint tenants. However, the instrument of change does not have effect as a breach of covenant or condition, or give rise to the forfeiture, of any lease or agreement for lease or other property. If the consent of a person is needed to the conveyance, transfer or assignment of the trust property— the vesting of the property under this division is subject to the consent; but the consent may be obtained after the execution of the instrument of change by the post-change trustee or, if there is more than 1 post-change trustee, the post-change trustees. (sec.35-ssec.1) Each pre-change trustee and post-change trustee must do all things necessary to assist in the notification, registration or recording of the divesting and vesting of the trust property under a requirement mentioned in section 34 (2) . (sec.35-ssec.2) The instrument of change is taken to be a conveyance of the trust property from the pre-change trustees to— the post-change trustee; or if there is more than 1 post-change trustee—the post-change trustees, as joint tenants. (sec.35-ssec.3) However, the instrument of change does not have effect as a breach of covenant or condition, or give rise to the forfeiture, of any lease or agreement for lease or other property. (sec.35-ssec.4) If the consent of a person is needed to the conveyance, transfer or assignment of the trust property— the vesting of the property under this division is subject to the consent; but the consent may be obtained after the execution of the instrument of change by the post-change trustee or, if there is more than 1 post-change trustee, the post-change trustees.

• (a) the post-change trustee; or
• (b) if there is more than 1 post-change trustee—the post-change trustees, as joint tenants.
• (a) the vesting of the property under this division is subject to the consent; but
• (b) the consent may be obtained after the execution of the instrument of change by the post-change trustee or, if there is more than 1 post-change trustee, the post-change trustees.