New South Wales Consolidated Acts

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MINORS (PROPERTY AND CONTRACTS) ACT 1970 - SECT 28

Certified disposition by a minor

28 Certified disposition by a minor

(1) Where a minor makes a disposition of property for consideration and a certificate in respect of the disposition is given in accordance with this section, the disposition is presumptively binding on the minor.
(2) A certificate for the purposes of this section in respect of a disposition of property made by a minor for consideration must:
(a) be given before, but not more than seven days before, the making of the disposition, and
(b) be given:
(i) by a solicitor instructed and employed independently of any other party to the disposition, or
(ii) by the NSW Trustee and Guardian, and
(c) state that the person giving the certificate is satisfied that:
(i) the minor understands the true purport and effect in law of the disposition, and
(ii) the minor makes the disposition freely and voluntarily, and
(d) state that the person giving the certificate has received a written statement from an independent and appropriately qualified valuer or other financial adviser to the effect that the consideration for the disposition is not manifestly inadequate, and
(e) have annexed to the certificate a copy of the written statement referred to in paragraph (d).



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