Section 2 Evidence of beneficial interest.
This section applies where the interest of a purchaser depends on the donee of a power of attorney having power to do an act in relation to any property by virtue of section 1(1) above.
In this subsection “purchaser” has the same meaning as in Part I of the M1Law of Property Act 1925.
Where this section applies an appropriate statement is, in favour of the purchaser, conclusive evidence of the donor of the power having a beneficial interest in the property at the time of the doing of the act.
In this section “an appropriate statement” means a signed statement made by the donee—
when doing the act in question, or
at any other time within the period of three months beginning with the day on which the act is done,
that the donor has a beneficial interest in the property at the time of the donee doing the act.
If an appropriate statement is false, the donee is liable in the same way as he would be if the statement were contained in a statutory declaration.
Annotations
Marginal citations
- M1