South Australian Consolidated Acts

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ADMINISTRATION AND PROBATE ACT 1919 - SECT 61

61—Rules in insolvency administration to prevail in certain cases

        (1)         In any administration by the Public Trustee under section 9 of the Public Trustee Act 1995 where the estate proves insufficient for the payment in full of the debts and liabilities of the deceased, and in any administration by an executor or administrator under section 60 and in any administration by the Court of the assets of any deceased person whose estate is insufficient for the payment in full of the debts and liabilities of the deceased, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable, and as to the valuation of annuities and future or contingent liabilities respectively, as are in force for the time being under the law of bankruptcy with respect to the estates of persons adjudged bankrupt.

        (2)         All persons who in any such case would be entitled to prove for and receive dividends out of the estate of the deceased person, may come in under the administration of such estate, and make such claims against the same as they may respectively be entitled to by virtue of this Act.



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