Succession Act 1965 section 60

Powers to deal with estate, etc

Section 60 sets out the broad range of powers available to personal representatives when managing and administering the estate of a deceased person, including powers to lease land, raise money, collect arrears of rent, and settle debts and disputes.

  • Personal representatives may lease land belonging to the estate where reasonably necessary for administration, or on other terms with consent of beneficiaries or court approval, and may grant a sub-lease amounting to a sale where that is the most appropriate disposal method.
  • Personal representatives may raise money by mortgage or charge to pay expenses, debts, liabilities, and legal rights, and with the approval of all adult beneficiaries or the court, may also raise funds for building or land improvements.
  • Personal representatives have practical powers to accept property early, settle debts on reasonable evidence, accept compositions, allow time for payment, compromise disputes, and fix remuneration for trust corporations β€” all without personal liability for losses arising from acts done in good faith.
  • These statutory powers do not override any powers granted by the deceased's will, and where the deceased left a will, the section 60 powers must be exercised subject to any directions in that will regarding disposal of the estate.

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