Rights of action of personal representative,
let. 1994, c. 41. 1, 11
Power of personal
representative
to dispose of
property,
fel. 1925, c. 23.
33.1
Purchase by personal representative of deceased's property.
Duty of personal
representative
as to inventory.
1923.23, 1. 25.
16
PART V.
POWERS. RIGHTS, DUTIES AND OBLIGATIONS OF PERSONAL.
REPRESENTATIVĖS.
53. Subject to the provisions of any other Ordinance, a personal representative has the same power to sue in respect of all causes of action vested in and surviving the deceased.
54. (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 soms 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 not- withstanding 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.
55. If a personal representative purchases, either directly or indirectly, any of the property of the deceased, the sale shall be voidable at the instance of any other person interested in the property sold.
56. The personal representative of a deceased person shall, when lawfully required so to do, exhibit, by affidavit filed in the court, a true and perfect inventory and account of the movable and immovable property of the deceased, and the court shall have power as heretofore to require personal representatives to bring in inventories,
17
57. (1) Every person making or permitting to be made any payment or disposition in good faith under a representation shall be indemoified and protected in so doing, notwithstanding any defect or circumstance whatsoever affecting the validity of the representation.
(2) Where a representation is revoked, all payments and dispositions made in good faith to a personal representative under the representation before the revocation thereof are a valid dis- charge to the person making the same; and the personal representative who acted under the revoked representation may retain and reimburse himself in respect of any payments or dis- positions made by him which the person to whom representation is afterwards granted might have properly made.
(3) All transfers and conveyances of any interest in property made to a purchaser either before or after the commencement of this Ordinance by a person to whom probate or letters of admin- istration have been granted are valid, notwithstanding any subsequent revocation or variation, either before or after the commencement of this Ordinance, of the probate or administration.
(4) This section takes effect without prejudice to any order of the court made before the commencement of this Ordinance and applica whether the testator or intestate died before or after such commencement.
58. If any person, to the defrauding of creditors or without full valuable consideration, obtains, receives or holds any movable or immovable property of a deceased person or effects the release of any debt or liability due to the estate of the deceased, be shall be charged as executor in his own wrong to the extent of the property received or coming into his hands, or the debt or liability released, after deducting-
(a) any debt for valuable consideration and without fraud due to him from the deceased person at the time of his death; and
(6) any payment made by him which might properly be
made by a personal representative.
59. Where a person as personal representative of a deceased person (including an executor in his own wrong) wastes or coD- verts to his own use any part of the property of the deceased, and dies, bis personal representative shall, to the extent of the available assets of the defaulter, be liable and chargeable in respect of such waste or conversion, in the same manner as the defaulter would have been if living.
Protection of persons acting on probate or administration. 1929. c. 13, 1. II).
1923. c. 11. 1. 270),
1925, c. 23. * 17(1)
1925. c. 2. 1. 3700.
Liability of A person fraudulently obtaining or retaining
estate of deceased, Bet, 1925. c. 23,
28.J
Liability of ostalo of personal representative. kt. 1935. c. 13.
■. 29.1