Land Act, 1965

Effect of death on vesting order.

22.—The following section is hereby substituted for section 63 of the Land Act, 1923 :

“63.—(1) A vesting order shall not be void by reason of the death before the execution thereof of the person in whom the lands comprised in the order are purported to be vested, but shall be effectual to vest, and shall be deemed always to have vested, the said lands in the personal representative of such person to such uses and upon such trusts as the said lands would have stood limited if they had been vested in such person immediately prior to his death.

(2) Where a vesting order purports to vest lands in a person as limited owner, the order shall not be void by reason only of the death of the person before the execution thereof, but shall be effectual to vest, and shall be deemed always to have vested, the said lands in the parties next entitled thereto to such uses and upon such trusts as the said lands would have stood limited had they been vested in such person immediately prior to his death.

(3) Where a vesting order purports to vest lands in persons as joint tenants it shall not be void by reason only of the death of one or more than one of such persons before the execution thereof, but shall be effectual to vest, and shall be deemed always to have vested, the said lands in the survivor or survivors to such uses and upon such trusts as the said lands would have stood limited if they had been vested in all such persons immediately prior to the death or deaths, as the case may be.

(4) In this section ‘vesting order’ means a vesting order under the Land Purchase Acts and includes a vesting fiat or other instrument purporting to vest land in a purchaser.”.