Appropriation & Vesting

The court may order land not specifically devised or land vested in a personal representative to be sold on such terms as it may direct. And on failure, the court may, on the application of the person entitled, direct a sale.

An assent of unregistered land is deemed to have the equivalent effect on the deed and may be registered in the Registry of Deeds. It must be in writing and signed by the personal representatives.

The assent is deemed to relate back to the date of death for the purpose of establishing entitlement of the person concerned. The person in whose favor an assent is made may require it to be registered in the Registry of Deeds.

The personal representatives may appropriate any part of the deceased’s estate in its actual condition or state of investment at the time of appropriation in or towards any legacy or other interest or share in the deceased’s estate as may seem just and reasonable to them, according to the respective rights of the persons interested in the property.

An appropriation shall not be made so as to prejudicially affect any specific devise or bequest; or unless notice of the intended appropriation has been served on all parties interested in the residuary estate (other than persons who cannot be found, ascertained ) and any one of those parties may apply to the court to prohibit the prohibition within six weeks.

The appropriation of property shall not be made other than with the following consents, when made for the benefit of a person absolutely and beneficially entitled in possession, with that person’s consent; when made in respect of any settled legacy, share or interest, the consent of the trustees, if any (not being also the personal representatives), or the person who may for the time being be entitled to the income.

If the person whose consent is a child or incapable, by reason of mental disorder, the consent shall be given by his parents, testamentary or other guardian, or if there is none, by the court on application of a next friend. Consent is not required in respect of persons who later come into being, who cannot be ascertained or found. A property duly appropriated under the above powers is deemed to be properly invested.

For the purposes of appropriation, the personal representative may fix and ascertain the value of the respective parts and the liabilities as they may think fit. They may employ a duly qualified valuer.

Unless the court on application above otherwise directs, an appropriation made pursuant to the section shall bind all persons interested in the property of the deceased, whose consent is not required.

The personal representative, in making appropriation, shall have regard to the rights of any person who may come into existence later, who cannot be found or ascertained.

The above does not affect any rights of appropriation conferred by law or by the will or other instrument.

If the person on whom the asset is appropriated, a purchaser in good faith from them and for value, shall not be deemed obliged to inquire into whether the requisite notice and consents, if any, have been given. The above provisions apply, whether the deceased died intestate or not.

Where an infant is absolutely entitled under the will or intestacy of a person, to the estate of a deceased person or a share, the personal representatives of the deceased may appoint any one, any two or more persons including the personal representative to be a trustee of such share and may execute an assurance to such person so appointed. In this case, the personal representatives are discharged of their liability in respect of the asset vested in the trustee.

Where a minor becomes entitled to an estate or interest in, under an intestacy, and no instrument under which the estate or interest of the infant arises is required, a settlement is deemed to arise under the Settled Land Acts, and provision is made for certain parties being deemed trustees of the settlement. If there is no provision in the instrument by which the interest arises as is required, providing for trustees, the personal representatives or trustees to whom they have appointed are deemed trustees of the settlement.

Without prejudice to their powers under the Settled Land Act, personal representatives or trustees appointed by them may at any time, with the sanction of the court, pay or apply capital of the share, estate, legacy etc. to which the infant is entitled under the will or intestacy for the advancement or benefit of the infant in such a manner as the court may approve. The court may order monies to be lodged in court.

Where property has been transferred or appropriated by personal representatives to persons beneficially entitled, then so long as it remains vested in that person, or any person claiming under them, not being a purchaser in good faith, it is to continue to be liable to answer the debts of the deceased person as would have been liable if it had remained vested in the personal representatives. If it is sold or mortgaged to a mortgagee or a purchaser in good faith, the person continues to be personally liable for such debts to the extent to which the property was liable when vested in the personal representative, but not beyond the value thereof.

The personal representatives are given extensive powers to deal with the deceased’s estate. They may make leases of the land as may be reasonably necessary for the administration of the estate. They may with the consent of the beneficiaries or approval of the court, make leases of land on such terms as they think proper.

Personal representatives may raise monies by mortgage for payment of debts, duties and taxes and with the approval of all the beneficiaries of full age or the court, for the erection, repair, improvement, completion of buildings or the improvement of land forming part of the deceased’s estate.

Where land is settled by will and there are no trustees of the settlement, the personal representatives are deemed trustees of the settlement. A sole personal representative does not have power to deal with the land under the Settled Lands Acts until a second trustee is appointed. This is without prejudice to any other power of the personal representatives.

References in legislation or deeds, becoming effective after the commencement of the legislation, shall, unless the contrary appears, be taken to refer to the statutory next-of-kin.

The Lord Chief Justice may by order prescribe and publish forms in which a testator may refer to in his will and give directions as to the manner in which such forms may be referred to. Unless referred to, such forms are not to be deemed incorporated in the will.

The High Court has general jurisdiction in probate matters. The County court has jurisdiction where, on the date of death, the net estate is less than £30,000.