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ADMINISTRATION AND PROBATE ACT 1935 - SECT 32 Real and personal estate of deceased are assets for payment of debts

ADMINISTRATION AND PROBATE ACT 1935 - SECT 32

PART IV - Administration of Assets Real and personal estate of deceased are assets for payment of debts

(1)  The real and personal estate whether legal or equitable, of a deceased person to the extent of his beneficial interest therein, and the real and personal estate of which a deceased person in pursuance of any general power disposes by his will, are assets for payment of his debts, whether by specialty or simple contract, and liabilities, and any disposition by will inconsistent with this enactment is void as against the creditors, and the Court shall, if necessary, administer the property for the purpose of the payment of the debts and liabilities. This subsection takes effect without prejudice to the rights of encumbrancers.
(2)  If any person to whom any such beneficial interest devolves or is given, or in whom any such interest vests, disposes thereof in good faith before an action is brought or process is sued out against him, he shall be personally liable for the value of the interest so disposed of by him, but that interest shall not be liable to be taken in execution in the action or under the process.