Succession Act 1965 section 55

Powers of personal representatives as to appropriation

Section 55 grants personal representatives the power to allocate specific assets from a deceased person's estate to beneficiaries in satisfaction of their entitlements, subject to notice requirements, consent rules, and protections for those with an interest in the estate.

• Personal representatives may appropriate any part of the estate in its actual condition at the time of appropriation to satisfy any beneficiary's share, whether that share is settled or absolute.
• Before making an appropriation, notice must be served on all parties entitled to a share in the estate, and any such party has six weeks to apply to the court to block the appropriation — except where the surviving spouse's special right under section 56 applies.
• Consent is generally required from the beneficiary who is absolutely entitled, or from the trustee or income beneficiary in the case of a settled share, with special provisions where the person is a minor or of unsound mind.
• Once property is duly appropriated, it is treated as an authorised investment, and personal representatives may determine asset values (using a qualified valuer if necessary) and execute any conveyance needed to give effect to the appropriation.

---