Victorian Current Acts

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ADMINISTRATION AND PROBATE ACT 1958 - SECT 44

Powers of management

    (1)     In dealing with the real and personal estate of the deceased his personal representatives shall for purposes of administration have—

        (a)     the same powers and discretions including power to raise money by mortgage with or without a power of sale or charge (whether or not by deposit of documents) as a personal representative had before the first day of January One thousand eight hundred and seventy-three with respect to personal estate vested in him; and

        (b)     all the powers discretions and duties conferred or imposed by law on trustees holding land upon an effectual trust for sale; and

        (c)     all the powers conferred by statute on trustees for sale and so that every contract entered into by a personal representative shall be binding on and be enforceable against and by the personal representative for the time being of the deceased, and may be carried into effect or be varied or rescinded by him and in the case of a contract entered into by a predecessor as if it had been entered into by himself.

    (2)     Nothing in this section shall affect the right of any person to require an assent or conveyance to be made.

No. 3632 s. 40.



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