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Administration and Probate Act 1929
66Distribution of estate by executors and administrators
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66 Distribution of estate by executors and administrators
(1) If an executor or administrator liable as such, under any lease or
agreement for a lease granted or assigned to, or made and entered into
with, the testator or intestate whose estate is being administered, to
the rents, covenants, or agreements contained in the lease or
agreement has—
(a) satisfied all liabilities under the lease, or agreement for a lease,
as have accrued due and been claimed up to the assignment
mentioned in paragraph (c); and
(b) set apart a sufficient sum to answer any future claim that may be
made in relation to any fixed and ascertained sum, covenanted
or agreed by the lessee, to be laid out on the property demised,
or agreed to be demised, although the period for laying out the
sum may not have arrived; and
(c) assigned the lease, or agreement for a lease, to a purchaser, or to
a legatee, devisee, or other person entitled to call for a
conveyance of it;
the executor or administrator may distribute the estate of the testator
or intestate remaining in his or her hands among the parties entitled
respectively, without appropriating any part or any further part of it
to meet any future liability under the lease or agreement.
(2) An executor or administrator so distributing the estate is not, after
having made or executed that assignment, and having, if necessary,
set apart that sufficient fund, personally liable in relation to any
subsequent claim under any such lease, or agreement for a lease.
assignment includes an acknowledgment within the meaning of
section 56.
lease includes an underlease.