Section 38 Conveyancing and Law of Property Act 1881

Section 38 of the Conveyancing Act 1881 is about Powers to two or more executors or trustees. It provides as follows:

(1.) Where a power or trust is given to or vested in two or more executors or trustees jointly, then, unless the contrary is expressed in the instrument, if any, creating the power or trust, the same may be exercised or performed by the survivor or survivors of them for the time being.

(2.) This section applies only to executorships and trusts constituted after or created by instruments coming into operation after the commencement of this Act.