Section 59
of Probate and Administration Act
Section 59
(1)
An executor or administrator may sell all or any portion of the estate for any of the following purposes -
(a)
paying off the deceased's debts;
(b)
recovering any expenses lawfully incurred on behalf of the estate (including funeral expenses, estate duty, other probate or administration ex-penses and any other expenses necessarily incurred by him on behalf of the estate;
(c)
distributing the estate among the heirs or beneficiaries; or
(d)
converting the assets of the estate into prop-erty of a non-wasting nature or into investments approved by the Probate Officer:
,/
Provided that any property or asset specifically be-queathed in the deceased's will shall not be sold -
(i)
for the purposes specified in paragraph (c)
and (d), in any event;
(ii)
for the purposes specified in paragraphs (a)
and (b), until all the other assets of the estate have been realised and the proceeds found insufficient; and then only so much of such property or assets so specifically bequeathed shall be sold as is necessary for such purpose.
(2)
For the purpose of this section property "speci-fically bequeathed" means any particular property or asset
(other than money) bequeathed to any particular person or 31
Sale of assets for administra-tion purposes
B.L.R.O. J//984
32
Abatement of legacies
Retention of estate pending ultimate distribution
Specialty and simple contract debts to stand in equal degree
Power of the
Probate
Officer to make an order limiting time for creditors to send in claims against estate
Probate and Administration persons or for any particular purpose, not being the subject of a residuary bequest.