98Distribution of estate by executors and administrators

98 Distribution of estate by executors and administrators (1) Where 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 for a lease has: (a) satisfied all such liabilities under the lease, or agreement for a lease, as have accrued due and been claimed up to the assignment mentioned in paragraph (c); (b) set apart a sufficient sum to answer any future claim that may be made in respect of 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 Administration and Probate Act 1969 45 (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 thereof, he or she may distribute the estate of the testator or the intestate remaining in his or her hands amongst the parties entitled thereto respectively, without appropriating any part, or any further part thereof, as the case may be, to meet any future liability under the lease, or agreement for a lease. (2) An executor or administrator so distributing the estate shall not, after having made or executed that assignment, and having, where necessary, set apart that sufficient fund, be personally liable in respect of any subsequent claim under the lease, or agreement for a lease. (3) In this section lease includes an underlease.