Section 15
Powers of the Estate Distribution Officer in distributing the estate
of Small Estates (Distribution) Act 1955
(1)
Where the Estate Distribution Officer is satisfied that all the beneficiaries of the estate being of full age and capacity have agreed between themselves as to the manner in which the estate should be distributed, the Estate Distribution Officer may, after recording in the distribution order the terms of the agreement, and the assent of the parties thereto, distribute the estate in the manner provided for by the agreement unless it shall appear to the Estate Distribution Officer to be unjust or inequitable so to do.
(2)
Where any such agreement has been entered into by all the beneficiaries who are of full age and capacity, the Estate Distribution
Officer may, if in his opinion it is in the interests of any other beneficiary who is a minor or a person not of full capacity to do so, assent to the agreement on behalf of that minor or person and may thereupon after recording the terms of the agreement and the assent of the parties thereto and of his own assent on the part of the minor or person distribute the estate in the manner provided for by the agreement.
(3)
Where two or more beneficiaries are entitled to share in any land comprised in the estate, the Estate Distribution Officer may, at his discretion, having regard to the interests of those concerned and the interests of good cultivation—
(a)
allocate separate lots to individual beneficiaries; or
(b)
allocate separate lots to two or more beneficiaries as co-proprietors or tenants in common in undivided shares.
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(4)
The Estate Distribution Officer, at his discretion, in order to prevent the excessive subdivision of land or the holding of small lots of land in common by numerous persons or in complicated fractional interests—
(a)
where the share of a beneficiary is small, may order the land or any part thereof allocated to any other beneficiary;
(b)
where the value of any interest or share in land or lot allocated to a beneficiary is less than the value of the share in the estate to which the beneficiary is entitled, may direct that the difference in value be made up to him in money by the other beneficiaries in such proportion as is equitable;
(bb) may order that the undivided distributive share of any beneficiary in any land or lot be allocated to another beneficiary and that such other beneficiary pay to the first-mentioned beneficiary such sum of money as may be determined by the Estate Distribution Officer to be the value of such undivided distributive share:
Provided that no order shall be made under this paragraph unless the Estate Distribution Officer has first informed the beneficiaries concerned of the terms of his proposed order under this paragraph and the second-mentioned beneficiary has deposited with the
Corporation the sum of money proposed to be determined by the Estate Distribution Officer as the value of the distributive share of the first-mentioned beneficiary;
(c)
may order the land or any part of it to be sold in such manner as may be prescribed; or
(d)
may order the land or any part of it to be sold by tender among the beneficiaries in such manner as may be prescribed, but subject to a reserve price determined by the
Estate Distribution Officer which shall not be less than the market value of the land, or part of the land, as the case may be, at the date of the tender.
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(4A)
Where any beneficiary fails to agree to the sale of the land or any part of it, the Estate Distribution Officer may order the land or any part of it to be sold in such manner as may be prescribed based on the consent of the beneficiaries holding two-third majority shares on the land or any part of it.
(4B)
In the exercise of the power under subsection (4A), the Estate
Distribution Officer shall take into account the interest of the beneficiaries to be secured and protected.
(5)
In the exercise of any discretion under this section, the Estate
Distribution Officer shall take into consideration the matters set forth in the First Schedule.
(5A)
Where two or more beneficiaries are entitled to a share in any movable property comprised in the estate, the Estate Distribution
Officer may, at his discretion, having regard to the interest of those concerned, order the property to be sold in such manner as may be prescribed.
(6)
No distribution order made in accordance with subsections (3),
(4)
, (5) and (5A) shall have effect where any beneficiary affected thereby is a native, unless every such beneficiary being of full age and capacity shall have assented thereto, and where any beneficiary is a minor or a person not of full capacity, the assent shall have been given on his behalf by a guardian appointed under section 10.