Question

You believe it important that Awhi understand that there are 3 instances when there is a limitation on the role of the legal executive. These occasions are:

a) Taking a statutory declaration;

b) Witnessing an Enduring Power of Attorney;

and c) Completing an e-dealing.

REQUIRED: For a), b) and c) above, complete some online research to find out what the limitation is. Record the limitation and the statute that governs this limitation.

Answer 1

The limitations on the role of a legal executive are as follows: when taking a statutory declaration, they cannot make a personal declaration; when witnessing an Enduring Power of Attorney, they cannot act as an attorney; and when completing an e-dealing, they cannot perform this task. These limitations are governed by the Oaths and Declarations Act 1957, Protection of Personal and Property Rights Act 1988, and Land Transfer Act 2017, respectively.

Step-by-step explanation:

The limitation on the role of a legal executive when taking a statutory declaration is that they cannot make a personal declaration as they are not the declarant. The limitation is governed by the Oaths and Declarations Act 1957.

When witnessing an Enduring Power of Attorney, the legal executive cannot act as an attorney or be appointed as an attorney. The limitation is governed by the Protection of Personal and Property Rights Act 1988.

Completing an e-dealing is limited to registered conveyancers, and a legal executive cannot perform this task. The limitation is governed by the Land Transfer Act 2017.