41 Powers of personal representative as to appropriation
Administration of Estates Act 1925 (1925 c 23) | Legislation

41  Powers of personal representative as to appropriation

(1)     The personal representative may appropriate any part of the real or personal estate, including things in action, of the deceased in the actual condition or state of investment thereof at the time of appropriation in or towards satisfaction of any legacy bequeathed by the deceased, or of any other interest or share in his property, whether settled or not, as to the personal representative may seem just and reasonable, according to the respective rights of the persons interested in the property of the deceased:

Provided that—

(i)     an appropriation shall not be made under this section so as to affect prejudicially any specific devise or bequest;

(ii)     an appropriation of property, whether or not being an investment authorised by law or by the will, if any, of the deceased for the investment of money subject to the trust, shall not (save as hereinafter mentioned) be made under this section except with the following consents:—

(a)     when made for the benefit of a person absolutely and beneficially entitled in possession, the consent of that person;

(b)     when made in respect of any settled legacy share or interest, the consent of either the trustee thereof,

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