Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929 - SECT 41D

    (1)     If a deceased person leaves a will containing a residuary gift because of which real or personal property is settled by way of succession, this section applies to and in relation to the income derived from that property.

    (2)     The income to which this section applies is not applicable in payment of—

        (a)     the funeral, testamentary or administrative expenses payable from the estate of the person; or

        (b)     the debts or liabilities of the person; or

        (c)     any interest that accrued on any such debts or liabilities before the death of the person; or

        (d)     any legacies bequeathed by the will of the person.

    (3)     The income to which this section applies is applicable in payment of the interest (if any) that accrues—

        (a)     on the funeral, testamentary or administrative expenses payable from the estate of the person; or

        (b)     after the death of the person, on the debts or liabilities of the person; or

        (c)     on any legacies bequeathed by the will of the person;

before payment, and the income is so applicable in priority to any other assets in the estate of the person.

    (4)     Subject to subsection (3), the income to which this section applies is payable to the person for the time being entitled to the income from the settled property.

    (5)     If, in the final adjustment of the estate of a deceased person among the persons entitled to share in the distribution of the estate—

        (a)     property (other than property referred to in subsection (1)) is treated as if it had been used in the proper order in payment of the funeral, testamentary and administrative expenses, the debts and the liabilities of the estate or of any legacies bequeathed by the will of the deceased person although it was not in fact so used; and

        (b)     income was earned by that property after the death of the person but before the property was so used or was treated as having been so used;

that income is, for this section, taken to be income to which this section applies.

    (6)     This section—

        (a)     does not affect the rights of a creditor of the estate; and

        (b)     applies subject to the provisions of the will of the deceased person and of any law in force in the ACT in relation to charges on the property of a deceased person.