ACTIn ForceAct
Administration and Probate Act 1929
41AProperty of deceased liable for debts
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41A Property of deceased liable for debts
(1) The following are assets for the payment of the funeral, testamentary
and administrative expenses and the debts and other liabilities of a
deceased person:
(a) the real and personal property of the person, to the extent of the
person’s beneficial interest in it;
(b) any real and personal property disposed of by the person’s will
in exercise of a general power.
(2) If a person—
(a) on whom a beneficial interest in any property referred to in
subsection (1) devolves; or
(b) to whom such an interest is given; or
(c) in whom such an interest vests;
disposes of the interest or of a part of the interest in good faith before
a proceeding is taken or process is sued out against him or her, the
person is personally liable for the value of the interest or part so
disposed of, but the interest or part is not liable to be taken in
execution in the proceeding or under the process.