Ontario Barrister and Solicitor Practice Exam

What must a personal representative do to sell property for disposition according to a will without express or implied power of sale, if there is a minor dependent?

1. Sell the property without consent

2. Obtain consent of beneficiaries in will

3. Request a court order for sale of the property

4. Only sell the property through public auction

The correct answer is: Obtain consent of beneficiaries in will

A personal representative must obtain the consent of the beneficiaries listed in the will before selling any property for disposition, even if there is a minor dependent involved. This is because the will may specify how the property should be sold and distributed, and the beneficiaries have the right to approve or deny any changes to the will's instructions. Option A is incorrect because selling the property without consent would be a breach of the personal representative's duty. Option C is incorrect because a court order is only necessary if the beneficiaries do not consent, or if the will does not mention how the property should be sold. Option D is incorrect because a public auction is not the only option for selling the property - the beneficiaries may have other preferences or requirements for the sale of the property as stated in the will.