Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929 - SECT 74A

A person—

        (a)     who—

              (i)     by obtaining, receiving or holding any real or personal property forming part of the estate of a deceased person; or

              (ii)     by effecting the release of a debt or liability due to the estate of a deceased person;

defrauds any creditor of the estate of the deceased person; or

        (b)     who, without full valuable consideration—

              (i)     obtains, receives or holds any real or personal property forming part of the estate of a deceased person; or

              (ii)     effects the release of a debt or liability due to the estate of a deceased person;

is liable and chargeable as an executor in his or her own wrong to the extent of the real and personal property forming part of the estate of the deceased person that the person receives, or that comes into his or her hands, less—

        (c)     the amount of any debt incurred for valuable consideration and without fraud that was due to the person from the deceased person at the time of his or her death; and

the amount of any payment made by the person that might have been properly made by the personal representative of the deceased person.

Note     The provisions of this section were substituted for 43 Eliz. 1 c 8 (1601).