Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929 - SECT 66

    (1)     If an executor or administrator liable as such, under any lease or agreement for a lease granted or assigned to, or made and entered into with, the testator or intestate whose estate is being administered, to the rents, covenants, or agreements contained in the lease or agreement has—

        (a)     satisfied all liabilities under the lease, or agreement for a lease, as have accrued due and been claimed up to the assignment mentioned in paragraph (c); and

        (b)     set apart a sufficient sum to answer any future claim that may be made in relation to any fixed and ascertained sum, covenanted or agreed by the lessee, to be laid out on the property demised, or agreed to be demised, although the period for laying out the sum may not have arrived; and

        (c)     assigned the lease, or agreement for a lease, to a purchaser, or to a legatee, devisee, or other person entitled to call for a conveyance of it;

the executor or administrator may distribute the estate of the testator or intestate remaining in his or her hands among the parties entitled respectively, without appropriating any part or any further part of it to meet any future liability under the lease or agreement.

    (2)     An executor or administrator so distributing the estate is not, after having made or executed that assignment, and having, if necessary, set apart that sufficient fund, personally liable in relation to any subsequent claim under any such lease, or agreement for a lease.

    (3)     In this section:

"assignment" includes an acknowledgment within the meaning of section 56.

"lease" includes an underlease.