Representatives’ Duties

Real and personal estates, is equally available for payment of debts, liabilities. If there are insufficient assets to cover debts and liabilities, the estate is dealt with as an insolvent estate.

Where the estate of the deceased is insolvent, then subject to the provisions of the legislation creating charges or on property and provisions, if any, in the will, it is to be first applied towards funeral, testamentary, administration expenses, debts, and liabilities in the order set out below.

Charges on property of the deceased are to be paid primarily out of the property concerned, unless a contrary indication is given. A general direction for the payment of debts is not sufficient contrary indication.

Personal representatives may sell the whole or any part of the estate for the purpose of paying debts and distributing the estate among the persons beneficially entitled. Before selling for the purposes of distribution, they shall, insofar as practicable, give effect to the wishes of the persons of full age, beneficially entitled to the property proposed to be sold, or, in the event of a dispute, the majority of them according to the value of their combined interest.

A purchaser is not concerned to see that the personal representatives have complied with the wishes of the beneficiary. Persons beneficially entitled are not necessarily parties to the sale.

The several joint personal representatives may not dispose of land without the leave of the court. Where, however, probate is granted to one or several of them only, named as executors, whether or not the others reserve their right to apply, the disposition by the proving executor is sufficient, without the leave of court.

A purchaser, in good faith and for value, from a personal representative of any property, holds it freed and discharged from debts, except such discharge thereon otherwise than by the will and free from all claims of the persons beneficially entitled to the same. They are not obliged to concern themselves with the application of the purchase monies.

The personal representatives may execute an assent vesting any estate or interest in land in any person entitled. It may be subject to or free from a charge for payment of money which the personal representatives are allowed to pay. Where it is made subject to a charge, liabilities of the personal representative in respect of the land shall cease, except for any acts or contracts entered by them before the assent or transfer.

If after one year from death, the personal representatives have failed on the request of persons entitled to transfer assets by assent, an application may be made to court ordering the transfer and assent to be made. In default of compliance, within the time ordered by the court, the court may make an order vesting the land in the persons entitled.

The statutory covenants implied in the deed to convey as personal representative shall be implied in an assent unless the assent provides otherwise. The same provisions apply in respect of assents where there is more than one executor or administrator, as apply in respect of the sale of property.

A personal representative of the deceased may accept any property before the time it is transferable or payable; pay or allow any debt or claim on any evidence they may reasonably deem sufficient; accept any composition or security for any debt or allow time for payment of a debt; or compromise, compound, abandon, submit to arbitration, any account, dispute or claim relating to the deceased’s estate.

They may settle and fix remuneration for a trust corporation appointed by them to act as trustee of property. Nothing is to prejudice any additional powers conferred by the will on personal representatives.

Personal representatives of the deceased shall distribute the estate soon after death or as is reasonably practicable, having regard to the nature of the estate, the manner in which it is required to be distributed in all relevant circumstances. Proceedings may not be taken for failing to distribute without leave of court before the expiration of one year from the date of death. However, nothing affects the rights of creditors to bring proceedings against a personal representative within one year.