80Powers of executors and administrators as to sale, mortgage,

80 Powers of executors and administrators as to sale, mortgage, or lease of real estate (1) Subject to this section, executors and administrators may, without the consent of any person or the order of a court: (a) sell or mortgage the real estate of the deceased person for purposes of administration; (b) sell the real estate of the deceased person as to which he or she died intestate, for purposes of distribution or division amongst the persons entitled; (c) lease the real estate of the deceased person in possession for any term not exceeding 3 years; or (d) subject to subsection (4), raise, on the security of the whole or any part of the intestate estate of the deceased person, any sum required by the executors or administrators for the purpose of paying to the spouse or de facto partner of the person the share, or a part of the share, of the spouse in the intestate estate of the person.

Administration and Probate Act 1969 36 (2) Any conditions may be imposed on the exercise of any such power of sale, mortgage, lease or raising of any sum by an administrator, and either generally or in the case of a particular sale, mortgage, lease or raising of any sum, by Rules of Court, or by the Court in the grant of administration (if any), or by other order. (3) The Registrar shall write on the letters of administration, and on any copy of the letters of administration issued by him or her, a certified copy of any conditions imposed by the Court under subsection (2). (4) The power conferred by subsection (1)(d) on the executors or administrators of a deceased person is exercisable only in a case where the deceased person is an intestate for the purposes of Division 4. (5) In this section, the intestate estate, in relation to a person who is an intestate for the purposes of Division 4, has the same meaning as in that Division. (6) A purchaser, mortgagee, lessee or other person who for valuable consideration acquires an interest in the estate of a deceased person, or the Registrar-General or other person registering title under any sale, mortgage or lease under this section, is not bound to inquire whether the powers mentioned in subsection (1) or any of them are being or have been exercised for the purposes specified in that subsection, and the receipt of the executor or administrator shall be a sufficient discharge, and shall exonerate the persons paying the moneys from any responsibility for the application of the moneys expressed to have been so received. (7) Some or one only of several executors or administrators shall be entitled to exercise those powers with the leave of the Court, and not otherwise, and the Court may make such orders as it thinks fit for the purpose of carrying out any such sale, mortgage, lease or raising of any sum.