What is the legal position if one of the personal representatives personally buys the deceased's house from the estate after it has been advertised for sale by an estate agent?

• A. Voidable should a beneficiary wish to object for a good reason
• B. Sale is valid.
• C. Sale is void.
• D. Sale cannot proceed.

Answer: (A)

Buying estate property by a personal representative creates a conflict of interest and breaches the duty to act in the beneficiaries’ best interests. Even with marketing through an estate agent, a sale to the PR is not automatically invalid; it is voidable if a beneficiary objects and shows a valid reason—such as self-dealing or not obtaining an arm’s-length price. The remedy is that the sale can be annulled or rescinded if the objection is upheld. If no objection is raised and the sale was properly conducted, it could stand, but the core principle remains that self-dealing by a PR makes the transaction voidable for a good reason.