Rights of executor in relation to real estate
43 Rights of executor in relation to real estate
The executor to whom probate has been granted has the same rights, and is subject to the same duties, in relation to the real estate of the testator, as executors had or were subject to in relation to personal assets under the law in force in New South Wales as in force immediately before 21 October 1929.
Division 3.4 Position of executor of an executor
The provisions of this division were relocated from the Imperial Acts (Substituted Provisions) Act 1986, sch 2, pt 3 (for the effect of a relocation, see Legislation Act 2001, s 96). The 1986 Act substituted provisions for certain UK Acts that applied (or may have applied) in the ACT and repealed those Acts. The provisions of sch 2, pt 3 were substituted for 25 Edw. 3, St. 5, c 5 (1351). The 1986 Act, s 4 (1) provided, in effect, that the rules of law about the interpretation of consolidating Acts apply to the interpretation of the provisions of a law set out in sch 2. These rules of law continue to apply to this division (see Legislation Act 2001, s 96 (3)).
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