Personal Representative: The Passing of a Legal Estate on Death
Suppose that Albert is the sole owner of the legal estate in Blackacre, and he owns it for his own benefit — i.e. not as trustee for someone else. When Albert dies, Blackacre will be owned by his personal representative. His personal representative may be his executor, i.e. the person appointed by Albert in his will to manage his affairs. If Albert has not appointed an executor, his personal representative will be the person, probably a member of his family, who applies to the probate registry for a grant of letters of administration. Both executors and administrators are known as personal representatives, and their statutory powers of disposing of Albert’s assets are the same. The powers include a power of sale (s.39 of the Administration of Estates Act 1925).
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