Where settled land becomes vested in a personal representative, not being a trustee of the settlement, upon trust to convey the land to or assent to the vesting thereof in the tenant for life or statutory owner to give effect to a settlement created before the death of the deceased and not by his will, or would, on the grant of representation to him, have become so vested, such representative may;

  • Before representation has been granted, renounce his office in regard only to such settled land without renouncing it regarding other property,
  • After representation has been granted, apply to the court for revocation of the grant in regard to the settled land without applying in regard to other property.

Whether such renunciation or revocation is made or not, the trustees of the settlement, or any person beneficially interested thereunder, may apply to the High Court for an order appointing a special or additional personal representative in respect of the settled land, and a special or additional personal representative, if and when appointed under the order, shall be in the same position as if the representation had originally been granted to him alone in place of the original personal representative if any, or to him jointly with the original personal representative, as the case may be, limited to the settled land, but without prejudice to the previous acts and dealings, if any, of the personal representative originally constituted or the effect of notices given to such personal representative.

The court may make such orders to such security, if any, being given by or on behalf of the special or additional personal representative, as the court may direct, and shall unless the court considers that special considerations apply, appoint such persons as may be necessary to secure that the persons to act as representatives in respect of the settled land shall, if willing to act, be the same persons as are the trustees of the settlement, and an official copy of the order when made shall be furnished to the High Court for entry and a memorandum endorsed on the probate or administration.

Scroll to Top