Section 38Part 0 —
Appropriation
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The personal representatives of a deceased person may, in the absence of any express provision to the contrary contained in the will of such deceased person, with the consent of the person entitled to any legacy given by the deceased person or to a share in that person’s residuary estate, or, if the person is under a disability, then with the consent of that person’s guardian or trustee, appropriate any part of the residuary estate of the deceased in or towards satisfaction of that legacy or share, and may for that purpose value in accordance with the prescribed provisions, the whole or any part of the property of the deceased person, in such manner as they think fit: Provided that before such appropriation is effectual, notice of such intended appropriation shall be given to all persons interested in the residuary estate, any of whom may thereupon, within the prescribed time, apply to the Court and such valuation and appropriation shall be conclusive, save as otherwise directed by the Court.
In the case of registered land, the production of the prescribed evidence of an appropriation under this section, shall authorise the Registrar to register the person to whom the property is appropriated as proprietor of the land.