Q&As

If personal representatives exercise their power of appropriation over the deceased’s land, what formalities must be fulfilled?

read titleRead full title
Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP
Published on LexisPSL on 14/10/2020

The following Wills & Probate Q&A produced in partnership with Oliver Auld of Charles Russell Speechlys LLP provides comprehensive and up to date legal information covering:

  • If personal representatives exercise their power of appropriation over the deceased’s land, what formalities must be fulfilled?
  • What is appropriation?
  • Requirements of appropriation
  • What is assent?
  • Formalities that PRs must perform to action assent

If personal representatives exercise their power of appropriation over the deceased’s land, what formalities must be fulfilled?

This Q&A assumes that the power of appropriation will be exercised by personal representatives and not trustees.

By way of background, the process of appropriation is where a personal representative (PR) or a trustee uses a specific asset in the estate or trust fund, to meet in full or in part, a beneficiary’s entitlement or interest.

What is appropriation?

PRs have a power of appropriation under the common law over any part of the residuary estate (but not a fund) which may be exercised with the consent of the beneficiary, in or towards satisfaction of a vested legacy or a share of residue. This power allows PRs to deal with both real and personal property even if that property is subject to a trust for conversion. See Practice Note: Personal representatives and trustees—power of appropriation.

The powers of appropriation given to PRs is set out in section 41 of the Administration of Estates Act 1925 (AEA 1925) and provides them with the ability to appropriate any part of the deceased estate, (including choses in action) in satisfaction of any legacy, share of the residuary estate, subject to it not prejudicing any beneficiary.

Requirements of appropriation

One of the most important points to bear in mind is the valuation of the assets being appropriated, as

Related documents:

Popular documents