ACTIn ForceAct
Administration and Probate Act 1929
129Regulation-making power
Start here
Get a plain-English read of 129
Turn the raw legal text into a practical explanation grounded in Administration and Probate Act 1929.
129 Regulation-making power
The Executive may make regulations for this Act.
Order of application of assets if estate solvent Part 4.1
(see s 41C)
Part 4.1 Order of application of assets if
estate solvent
1 Assets undisposed of by will, subject to the retention out of those
assets of a fund sufficient to meet any pecuniary legacies.
2 Assets not specifically disposed of by will but included (either by a
specific or general description) in a residuary gift, subject to the
retention out of those assets of a fund sufficient to meet any pecuniary
legacies that are not provided for out of the assets undisposed of by
will.
3 Assets specifically appropriated or disposed of by will (either by a
specific or general description) for the payment of debts.
4 Assets charged with, or disposed of by will (either by a specific or
general description) subject to a charge for, the payment of debts.
5 The fund (if any) kept to meet pecuniary legacies.
6 Assets specifically disposed of by will, rateably according to value.
Part 4.2 Rules about payment of debts and liabilities if estate insolvent
Part 4.2 Rules about payment of debts
and liabilities if estate insolvent
1 The funeral, testamentary and administration expenses have priority.
2 Subject to rule 1, the same rules must prevail and must be observed
about the respective rights of secured and unsecured creditors and as
to the valuation of annuities and future and contingent liabilities,
respectively, and about the priorities of debts and liabilities that are
in force at the death of the deceased person under the law of
bankruptcy in relation to the assets of persons adjudged bankrupt.
3 In the application of those rules, the date of the death of the deceased
person must be substituted for the date of the sequestration order.
Distribution of intestate estate on intestacy Schedule 6
Distribution of estate if intestate survived by partner Part 6.1