Full legislation
s.54
Power of personal representative to dispose of property
(1)
No conveyance of immovable property of a deceased person dying after the
commencement*
of this Ordinance shall be made without the concurrence of all the personal
representatives of the deceased or an order of the court.
(2)
Notwithstanding subsection (1), where probate is granted to one or some of two
or more persons named as executors, whether or not power is reserved to the other or
others to prove, any conveyance of the immovable property may be made by the proving
executor or executors for the time being, without an order of the court, and shall
be as effectual as if all the persons named as executors had concurred
therein.
(3)
Save where subsection (1) or (2) applies, where there are several personal
representatives the powers of all may, in the absence of any direction to the
contrary in the will or grant of administration, be exercised by any one of
them.
(4)
A personal representative may charge, mortgage or otherwise dispose of any
property vested in him, as he may think proper, subject to any restriction which
may be imposed in this behalf by the will of the deceased and to the provisions
of this
section:
Provided that an executor may
dispose of any property notwithstanding any restriction so imposed, if he does
so in accordance with an order of the court.
(5)
The disposal of property by a personal representative in contravention of the
provisions of this section shall be voidable at the instance of any other person
interested in the property.
[cf. 1925 c. 23 s. 2(2) U.K.]