7Special provisions as to the powers of administrator or trustee of an intestate estate

7 Special provisions as to the powers of administrator or trustee of an intestate estate

(1)  Where a person (in this section referred to as a "beneficiary") who, by virtue of the operation of section 3 , is or becomes enabled to give a receipt or a discharge for or in respect of, or to assign or otherwise dispose of, or to disclaim rights or property directs the administrator or trustee (as the case may be) of the estate or any part of the estate of a person who died intestate before the appointed day to deal with or dispose of that estate or any part thereof in accordance with such directions as the beneficiary is, by virtue of the operation of that section, enabled to give, the administrator or trustee may refuse to comply with the direction if –

(a) where there are more beneficiaries than one, all the beneficiaries have not joined in giving the direction; or

(b) the administrator or trustee is of the opinion that, for any reason, he would be failing to exercise the utmost diligence in the administration of the estate if he were to act in accordance with the direction before the beneficiary by whom the direction is given has attained such age (not exceeding 21 years) as may be determined by the administrator or trustee.

(2)  *[Section 7 Subsection (2) amended by S.R. 1977 No. 200, s. 3 and Sched. I ]*An administrator or trustee who refuses to act in accordance with a direction under subsection (1) shall forthwith give notice thereof in writing to the beneficiary, setting out the reason for the refusal.

(3)  *[Section 7 Subsection (3) amended by S.R. 1977 No. 200, s. 3 and Sched. I ]*A beneficiary who receives a notice under subsection (2) in which the reason for refusal is stated to be such an opinion of the administrator or trustee as is referred to in paragraph (b) of that subsection , may take out an originating summons claiming that to act in accordance with the direction would not be a failure to exercise the utmost diligence in the administration of the estate.

(4)  *[Section 7 Subsection (4) amended by S.R. 1977 No. 200, s. 3 and Sched. I ]*An originating summons taken out under subsection (3) is returnable before a judge in chambers and the proceedings thereon shall be the same in all respects as if the matter for determination were a cause or matter that, before the commencement of the Supreme Court Civil Procedure Act 1932 , would have come before the Supreme Court in its jurisdiction in equity.