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StatuteTrusts Act 2019

Section Sch4-350B — Trusts Act 2019: Vesting order consequential on judgment for specific performance

Text of the provision Official document

350B Vesting order consequential on judgment for specific performance (1) This section applies when a judgment is given for the specific performance of a contract concerning any interest in land, or for the sale or exchange of any interest in land, or generally when any judgment is given for the conveyance of any interest in land. (2) The court may declare— (a) that any party to the action is a trustee of any interest in the land or any part of the land; or (b) that the interest of an unborn person is the interest of a person who would become a trustee were the unborn person to come into existence and claim— (i) under a party to the proceeding; or (ii) under the will or voluntary settlement of a deceased person who was, during that person’s lifetime, a party to the contract or transaction to which the judgment relates. (3) If the court makes an order, the court may make a vesting order relating to the rights of those persons, born and unborn, as if they were trustees. Compare: 1956 No 61 s 56

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.