ACTIn ForceAct
Administration and Probate Act 1929
49LPersonal representative not to sell or dispose of interest
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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