Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 37

Estate of deceased assets for payment of debts3

37. Estate of deceased assets for payment of debts3

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
(including the statutory power to dispose of entailed interests) disposes by
his will, shall be assets for payment of the debts of such deceased person
(whether by specialty or simple contract) and of his 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 section shall take
effect without prejudice to the rights of incumbrancers.