Australian Capital Territory Current Acts

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ADMINISTRATION AND PROBATE ACT 1929 - SECT 49L

Personal representative not to sell or dispose of interest without consent

    (1)     A personal representative of an intestate is not authorised to sell or otherwise dispose of the interest of the intestate in a dwelling house in which a partner of the intestate was residing at the date of the intestate's death, during the period of 1 year after the date representation in the estate of the intestate is granted by the Supreme Court or, if that period is extended by the court, during that extended period without the written consent of the partner, except in the course of administration owing to want of other assets or except with the approval of the court.

    (2)     If on an application under section 49K made by a partner or by the personal representatives of the intestate, the Supreme Court does not order that the right given by section 49G may be exercised by the partner, the court may approve the disposal of the interest in the dwelling house within the period of 1 year referred to in subsection (1).

    (3)     This section does not apply if the partner of the intestate is the sole personal representative, or 1 of 2 or more personal representatives, of the intestate.

    (4)     Nothing in this section is taken to affect the validity of a sale by the personal representatives of an intestate of any part of the estate of the intestate.



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