ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1955 - SECT 32 Powers of personal representatives to sell or transfer.

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ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1955 - SECT 32

Powers of personal representatives to sell or transfer.

32.(1) The personal representatives may sell the whole or any part of the
estate of a deceased person for the purpose not only of paying debts, but also
(whether there are or are not debts) of distributing the estate among the
persons beneficially entitled thereto, and before selling for the purposes of
distribution the personal representatives shall, so far as practicable, give
effect to the wishes of the persons of full age for the time being
beneficially entitled to the property proposed to be sold, or, in the case of
dispute, of the majority (according to the value of their combined interests)
of such persons so, however, that

(a)a purchaser shall not be concerned to see that the personal representatives
have complied with such wishes; and

(b)it shall not in any case be necessary for any person beneficially entitled
to concur in any such sale.

(2) It shall not be lawful for some or one only of several joint
personal representatives, without leave of the court, to exercise any power
conferred by this section or by section forty to dispose of any land, save
that where probate is granted to one or some of several persons named as
executors, whether or not power is reserved to the others or other to prove,
the disposition of the land may, notwithstanding any other provision or rule
of law to the contrary, be made by the proving executor or executors, without
leave of the court, as fully and effectually as if all the persons named as
executors had concurred therein. Where a disposition is so made by the proving
executor or executors sub-section (1) and the said section forty shall have
effect as if references therein to personal representatives were references to
the proving executor or executors.

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Northern Irish Legislation

ADMINISTRATION OF ESTATES ACT (NORTHERN IRELAND) 1955 - SECT 32