Section 82 of Law of Succession Act CAP 160: Powers of personal representatives

    

Personal representatives shall, subject only to any limitation imposed by their grant, have the following powers—
(a) to enforce, by suit or otherwise, all causes of action which, by virtue of any law, survive the deceased or arising out of his death for his personal representative;
(b) to sell or otherwise turn to account, so far as seems necessary or desirable in the execution of their duties, all or any part of the assets vested in them, as they think best:
Provided that—
(i) any purchase by them of any such assets shall be voidable at
the instance of any other person interested in the asset so purchased; and
(ii) no immovable property shall be sold before confirmation of the grant;
(c) to assent, at any time after confirmation of the grant, to the vesting of a specific legacy in the legatee thereof;
(d) to appropriate, at any time after confirmation of the grant, any of the assets vested in them in the actual condition or state of investment thereof at the time of appropriation in or towards satisfaction of any legacy bequeathed by the deceased or any other interest or share in his estate, whether or not the subject of a continuing trust, as to them may seem just and reasonable to them according to the respective rights of the persons interested in the estate of the deceased, and for that purpose to ascertain and fix (with the assistance of a duly qualified valuer, where necessary) the value of the respective assets and liabilities of such estate, and to make any transfer which may be requisite for giving effect to such appropriation:
Provided that except so far as otherwise expressly provided by any will—
(i) no appropriation shall be made so as to affect adversely any specific legacy;
(ii) no appropriation shall be made for the benefit of a person absolutely and beneficially entitled in possession without his consent, nor for the purpose of a continuing trust without the consent of either the trustees thereof (not being the personal representatives themselves) or the person for the time being entitled to the income thereof, unless the person whose consent is so required is a minor or of unsound mind, in which case consent on his behalf by his parent or guardian (if any) or by the manager of his estate (if any) or by the court shall be required.


Disclaimer: This document is not to be taken as legal advise.

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