Succession Act 1965 section 50

Powers of personal representatives to sell and to act as trustees

Section 50 sets out the powers of personal representatives to sell estate assets, both for paying debts and for distributing the estate to those entitled to inherit.

• Personal representatives may sell all or part of a deceased person's estate to pay debts or to distribute the estate among those entitled to inherit, even where there are no debts to pay.
• Before selling for distribution purposes, personal representatives must, as far as practicable, respect the wishes of adult beneficiaries — or, if there is disagreement, the wishes of the majority measured by the combined value of their interests.
• A purchaser of estate assets is not required to verify that the personal representatives followed the beneficiaries' wishes, and no beneficiary needs to formally agree to or join in any such sale.
• Where there are several personal representatives, some or only one of them may not dispose of any land without the leave of the High Court, unless the exception relating to proving executors under section 20 applies.