The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:
We refer you to Practice Note: Power of appropriation, which states the following in respect of appropriation:
There is no express prohibition in section 41 of the Administration of Estates Act 1925 (AEA 1925) preventing a sole Personal Representative (PR) from appropriating assets to themselves although there is no reference, either expressly or impliedly in AEA 1925, s 41 regarding the self-dealing rule. Whether the common law power of appropriation or the power of appropriation under AEA 1925, s 41, the PR is subject to the rule against self-dealing and is not entitled to self-appropriate any property that is not cash or the equivalent of cash.
While AEA 1925, s 41 does not extend to PRs wishing to appropriate assets to one of their number, in Kane v Radley-Kane, it was held that an appropriation by a PR in her own favour in satisfaction of a pecuniary legacy would be a breach of the rule against self-dealing with
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