Personal representatives have a statutory power to employ agents and appoint nominees and custodians.32 The statutory power to employ agents33 permits personal representatives to authorise any person to exercise any or all of their ‘delegable functions’ as their agent.34

Except where a charity is involved,35 the personal representatives’ delegable functions consist of any function other than:36

(a)any function relating to whether or in what way any assets of the estate should be distributed;37

(b)any power to decide whether any fees or other payment due to be made out of the estate should be made out of income or capital;38 and

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