Extent of power of persons under disability to sell
64 Extent of power of persons under disability to sell
The power to sell land pursuant to section 65 may be exercised – by a person, not only on behalf of the person and on behalf of the person's personal representatives, successors in title, or persons beneficially entitled under the person's will or on the person's intestacy, but also on behalf of every person who is entitled in reversion, remainder or expectancy after the person and in defeasance of the estate of every person who is so entitled; and by a guardian on behalf of a ward to the same extent as the ward could exercise that power if the ward were not under a disability; and by the administrator of a convict's property on behalf of the convict to the same extent as the convict could exercise that power if he or she were not a convict; and by trustees, executors or administrators on behalf of their beneficiaries (whether persons under a disability or not) to the same extent as the beneficiaries could exercise that power if they were not under a disability.
Subsection (1)(a) does not apply to a lessee for life, for lives and years, for years or for a less interest.
Subject to subsection (4), the powers conferred by section 63 on an administrator referred to in section 63(2)(c) – are not to be exercised without the authority of the Tasmanian Civil and Administrative Tribunal given under section 56 of the Guardianship and Administration Act 1995; and are to be exercised subject to any conditions or restrictions made by the Tribunal under that section.
The Public Trustee Act 1930 has effect for the purposes of the Guardianship and Administration Act 1995 as if the powers conferred by section 63 on an administrator referred to in subsection (2)(c) of that section were included in the powers specified in section 32(1)(a) of the Public Trustee Act 1930.
This Act’s bill:Explanatory notesSecond reading speech
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