Trustee Act 1898 (TAS)

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Trustee Act 1898

An Act to consolidate enactments and amend the law relating to trustees

[Royal Assent 29 October 1898]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART IPreliminary1Short titleThis Act may be cited as the Trustee Act 1898 . 2CommencementThis Act shall come into operation on 1st November 1898. 34Interpretation [Section 4 Amended by 25 Geo. V No. 78 ][Section 4 Amended by No. 47 of 1981, s. 2 ][Section 4 Amended by No. 63 of 1963, s. 2 and Sched. 2 ][Section 4 Amended by No. 55 of 1976, s. 2 ][Section 4 Amended by No. 62 of 1996, s. 3 and Sched. 1 ][Section 4 Amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] In this Act, unless the contrary intention appears – company includes any banking or mercantile or trading corporation, however created, and any company registered, incorporated, or constituted under or pursuant to any Act; contingent right, as applied to land, includes a contingent or executory interest, a possibility coupled with an interest, whether the object of the gift or limitation of the interest, or possibility, is or is not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent; convey and conveyance, applied to any person, include the execution by that person of every necessary or suitable assurance for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of any property whereof he is seised or possessed, or wherein he is entitled to a contingent right, either for his whole estate or for any less estate, together with the performance of all formalities required by law for the validity of the conveyance; the Court means the Supreme Court or a judge; devisee includes the heir of a devisee and the devisee of an heir, and any person who may claim right by devolution of title of a similar description; [Section 4 Amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] financial institution means any authorised deposit-taking institution, or the manager of any authorised deposit-taking institution, authorised under this Act to receive fixed deposits from trustees; instrument includes Act; land includes incorporeal as well as corporeal hereditaments, and any interest therein, and also an undivided share of land; mortgage and mortgagee include and relate to every estate and interest regarded by law or in equity as merely a security for money, and every person deriving title under the original mortgagee; pay and payment, as applied in relation to stocks and securities, and in connection with the expression "into Court", include the deposit or transfer of the same in or into Court; possessed applies to receipt of income of, and to any vested estate less than, a life estate, legal or equitable, in possession or in expectancy, in…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.