s.44Protection by means of advertisement
44
Section 44Part 1Trusts Act

Protection by means of advertisement

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

With a view to the conveyance to or distribution among the persons entitled to any real or personal property, the trustees of a settlement or of a disposition on trust for sale, or personal representatives, may give notice by advertisement in a local newspaper, and such other like notices, including notices elsewhere than in the Islands, as would, in any special case, have been directed by the Court in an action for administration, of their intention to make such conveyance or distribution as aforesaid, and requiring any person interested to send to the trustees or personal representatives within the time, not being less than twenty- eight days, fixed in the notice, or where more than one notice is given, in the last of the notices, particulars of that person’s claim in respect of the property or any part thereof to which the notice relates.
At the expiration of the time fixed by the notice, the trustees or personal representatives may convey or distribute the property or any part thereof to which the notice relates, to or among the persons entitled thereto, having regard only to the claims, whether formal or not, of which the trustees or personal representatives then had notice and shall not, as respects the property so conveyed or distributed, be liable to any person of whose claim the trustees or personal representatives have not had notice at the time of conveyance or distribution; but nothing in this section prejudices the right of any person to follow the property, or any property representing the same, into the hands of any person who may have received it.
This section applies notwithstanding anything to the contrary in the will or other instrument, if any, creating the trust.