NTIn ForceAct
Administration and Probate Act 1969
55Property of deceased person liable for debts
Start here
Get a plain-English read of 55
Turn the raw legal text into a practical explanation grounded in Administration and Probate Act 1969.
55 Property of deceased person liable for debts
(1) The real and personal property of a deceased person, to the extent
of his or her beneficial interest in it, and the real and personal
property (if any) disposed of by the person's will (whether made
before or after the commencement of this Act) in exercise of a
general power, are assets for the payment of the funeral,
testamentary and administrative expenses, the debts and the
liabilities of the person.
(2) If a person:
(a) on whom a beneficial interest in any property referred to in
subsection (1) devolves;
(b) to whom such an interest is given; or
(c) in whom such an interest vests,
Administration and Probate Act 1969 18
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 by him or her, but the interest or part is not
liable to be taken in execution in the proceedings or under the
process.