QLDIn ForceAct
Succession Act 1981
sec.58Retainer, preference and the payment of debts by personal representatives
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### sec.58 Retainer, preference and the payment of debts by personal representatives
The right of retainer of a personal representative and the personal representative’s right to prefer creditors are hereby abolished.
Nevertheless a personal representative—
other than one mentioned in paragraph (b) , who, in good faith and at a time when the personal representative has no reason to believe that the deceased’s estate is insolvent, pays the debt of any person (including himself or herself) who is a creditor of the estate; or
to whom letters of administration have been granted solely by reason of the personal representative being a creditor and who, in good faith and at such a time pays the debt of another person who is a creditor of the estate;
shall not, if it subsequently appears that the estate is insolvent, be liable to account to a creditor of the same degree as the paid creditor for the sum so paid.
(sec.58-ssec.1) The right of retainer of a personal representative and the personal representative’s right to prefer creditors are hereby abolished.
(sec.58-ssec.2) Nevertheless a personal representative— other than one mentioned in paragraph (b) , who, in good faith and at a time when the personal representative has no reason to believe that the deceased’s estate is insolvent, pays the debt of any person (including himself or herself) who is a creditor of the estate; or to whom letters of administration have been granted solely by reason of the personal representative being a creditor and who, in good faith and at such a time pays the debt of another person who is a creditor of the estate; shall not, if it subsequently appears that the estate is insolvent, be liable to account to a creditor of the same degree as the paid creditor for the sum so paid.
- (a) other than one mentioned in paragraph (b) , who, in good faith and at a time when the personal representative has no reason to believe that the deceased’s estate is insolvent, pays the debt of any person (including himself or herself) who is a creditor of the estate; or
- (b) to whom letters of administration have been granted solely by reason of the personal representative being a creditor and who, in good faith and at such a time pays the debt of another person who is a creditor of the estate;