Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 44

Powers of management

44. Powers of management



(1) In dealing with the real and personal estate of the deceased his personal
representatives shall for purposes of administration have-

   (a)  the same powers and discretions including power to raise money by
        mortgage with or without a power of sale or charge (whether or not by
        deposit of documents) as a personal representative had before the
        first day of January One thousand eight hundred and seventy-three with
        respect to personal estate vested in him; and

   (b)  all the powers discretions and duties conferred or imposed by law on
        trustees holding land upon an effectual trust for sale; and





   (c)  all the powers conferred by statute on trustees for sale and so that
        every contract entered into by a personal representative shall be
        binding on and be enforceable against and by the personal
        representative for the time being of the deceased, and may be carried
        into effect or be varied or rescinded by him and in the case of a
        contract entered into by a predecessor as if it had been entered into
        by himself.

(2) Nothing in this section shall affect the right of any person to require an
assent or conveyance to be made.