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Administration and Probate Act 1929
55AInterest on legacies
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55A Interest on legacies
(1) Subject to subsection (2), if interest is payable on a legacy in
accordance with the will under which the legacy is payable or in
accordance with any enactment or rule of law, that interest is, unless
the will otherwise provides, or the Supreme Court otherwise orders,
payable at the rate determined by the Minister.
(2) If an executor or administrator, in accordance with any power given
to him or her by a will under which a legacy (other than an annuity)
is payable, appropriates any property in or towards satisfaction of the
legacy, the legatee is entitled to the income from the property so
appropriated, and interest is not payable out of any other part of the
estate on so much of the legacy as has been satisfied by the
appropriation.
(3) A determination under subsection (1) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act 2001.