61Priorities of claims when assets are insufficient

61 Priorities of claims when assets are insufficient

[Section 61 Amended by 25 Geo. V No. 78 ]

(1)  Where the assets of any testate or intestate estate under administration by the Public Trustee are insufficient to pay the liabilities in full, the assets shall be applied subject to the following priorities:

(a) In payment of all proper expenses attending the due administration of the estate;

(b) In payment of funeral charges, proportioned as the Public Trustee thinks proper, to the position of the deceased in his lifetime;

(c) In payment of charges incurred for the medical treatment of the deceased for the period not exceeding three months immediately preceding the death of the deceased.

(2)  *[Section 61 Subsection (2) amended by No. 76 of 1985, s. 7 ]**[Section 61 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]*For the purposes of this section –

[Section 61 Subsection (2) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997] [Section 61 Subsection (2) amended by No. 90 of 2001, Sched. 6, Applied:01 Apr 2002] [Section 61 Subsection (2) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 61 Subsection (2) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 61 Subsection (2) amended by No. 17 of 2006, Sched. 3, Applied:01 Oct 2011] charges for medical treatment includes the expenses of a pharmacist, a registered nurse, and reasonable hospital and maintenance expenses in any establishment within the meaning of the Health Service Establishments Act 2006 , or a hospital maintained and operated by or on behalf of the State, or in any institution or asylum supported wholly or in part from local rates or public funds;

funeral charges includes charges for the erection of a tombstone and curbing over the grave of the deceased.