121Restriction on disposal of property from intestate estate

#### 121 Restriction on disposal of property from intestate estate 121 Restriction on disposal of property from intestate estate > > (1) The personal representative of an intestate must not dispose of property from the intestate estate (except to a spouse who has elected to acquire it) unless— > > > > > (a) the personal representative is the spouse entitled to make the election, or > > > > > (b) the time for exercising the election has elapsed and no election has been made, or > > > > > (c) the election requires the Court’s authorisation but— > > > > > > > (i) the necessary authorisation has been refused, or > > > > > > > (ii) the application for authorisation has been withdrawn, or > > > > > (d) the spouse has notified the personal representative, in writing, that he or she does not propose to exercise the right to acquire property from the estate, or > > > > > (e) sale of the property is required to meet funeral and administration expenses, debts and other liabilities of the estate, or > > > > > (f) the property is perishable or likely to decrease rapidly in value. > > > (2) A transaction entered into contrary to this section is not invalid. > > **s 121:** Ins 2009 No 29, Sch 1 \[4\].