Trust for sale

(1) Subject to this section, on the death of a person, his real or personal estate shall be held by his personal representatives– (a) as to the real estate, upon trust to sell it; and 32 Administration of Estates Act (b) as to the personal estate, upon trust to call in, sell and convert into money such part thereof as may not consist of moneywith power to postpone such sale and conversion for such a period as the personal representatives, without being liable to account, may think proper, and so that any reversionary interest be not sold until it falls into possession, unless the personal representatives see special reason for sale, and so also that, unless required for purposes of administration owing to want of other assets, personal chattels be not sold except for special reason. (2) Out of the net money to arise from the sale and conversion of such real and personal estate, after payment of costs, and out of the ready money of the deceased, so far as not disposed of by his will, if any, the personal representative shall pay all such funeral, testamentary and administration expenses, debts and other liabilities as are properly payable there out, having regard to the rules of administration contained in this Part, and out of the residue of the said money the personal representative shall set aside a fund sufficient to provide for any pecuniary legacies bequeathed by the will, if any, of the (3) During the minority of any beneficiary or the subsistence of any life interest and pending the distribution of the whole or any part of the estate of the deceased, the personal representatives may invest the residue of the said money, or so much thereof as may not have been distributed, in any investments for the time being authorized by statute for the investment of trust money, with power, at the discretion of the personal representatives, to change such investments for others of a like nature. (4) The residue of the said money and any investments for the time being representing it, including, but without prejudice to the trust for sale, any part of the estate of the deceased which may be retained unsold and is not required for the administration Administration of Estates Act 33 purposes aforesaid, is, as regards a person dying an intestate, in this Act referred to as “the residuary estate of the intestate.” (5) The income, including net rents and profits of real estate and chattels real after payment of rates, taxes, rent, costs of insurance, repairs and other outgoings properly attributable to income, of so much of the real and personal estate of the deceased as may not be disposed of by his will, if any, or may not be required for the administration purposes aforesaid, may, however such estate is invested, as from the death of the deceased, be treated and applied as income, and for that purpose any necessary apportionment may be made between tenant for life and remainder man. (6) Nothing in this section affects the rights of any creditor of the deceased or the rights of the State in respect of estate duty. (7) Where the deceased leaves a will, this section has effect subject to the provisions contained in the will, and the trust for sale shall extend only so far as it is necessary to raise money for the payment of the funeral, testamentary and administration expenses and the debts and other liabilities of the deceased. (8) Nothing contained in this section shall authorize the personal representatives to execute the trust for sale in regard to any real property in which an infant or person of unsound mind has any share or interest unless leave of the court to sell and dispose of that property is previously obtained.