Victorian Current Acts

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Effect of assent or conveyance by personal representative

    (1)     A personal representative may assent to the vesting in any person who (whether by devise bequest devolution appropriation or otherwise) is entitled thereto either beneficially or as a trustee or personal representative of any estate or interest in real estate (including chattels real) to which the testator or intestate was entitled or over which he exercised a general power of appointment by his will including the statutory power to dispose of entailed interests and which devolved upon the personal representative.

    (2)     The assent shall operate to vest in that person the estate or interest to which the assent relates and unless a contrary intention appears the assent shall relate back to the death of the deceased.

    (3)     The statutory covenants implied by a person being expressed to convey as personal representative, may be implied in an assent in like manner as in a conveyance by deed.

    (4)     An assent to the vesting of a legal estate shall be in writing signed by the personal representative and shall name the person in whose favour it is given and shall operate to vest in that person the legal estate to which it relates; and an assent not in writing or not in favour of a named person shall not be effectual to pass a legal estate.

    (5)     A conveyance of a legal estate by a personal representative to a purchaser shall not be invalidated by reason only that the purchaser may have notice that all the debts liabilities funeral and testamentary or administration expenses duties and legacies of the deceased have been discharged or provided for.

    (6)     An assent or conveyance given or made by a personal representative shall not except in favour of a purchaser of a legal estate prejudice the right of the personal representative or any other person to recover the estate or interest to which the assent or conveyance relates or to be indemnified out of such estate or interest against any duties debt or liability to which such estate or interest would have been subject if there had not been any assent or conveyance.

    (7)     A personal representative may as a condition of giving an assent or making a conveyance require security for the discharge of any such duties debt or liability but shall not be entitled to postpone the giving of an assent merely by reason of the subsistence of any such duties debt or liability if reasonable arrangements have been made for discharging the same; and an assent may be given subject to any estate by way of mortgage.

    (8)     In this section "purchaser" means a purchaser for money or money's worth.

    (9)     This section shall apply to assents and conveyances made after the eighteenth day of December One thousand nine hundred and twenty-nine whether the testator or intestate died before on or after such date.

    (10)     In the case of land under the Transfer of Land Act 1958 an assent may be given or made by the personal representative registered as proprietor by a transfer in the form prescribed under that Act with such necessary modifications as the case requires.

No. 3632 s. 37.

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