South Australian Current Acts

ADMINISTRATION AND PROBATE ACT 1919 - SECT 127

127—Restraint upon exercise of rights of retainer and preference

        (1)         No right of retainer or preference shall be exercised by the executor or administrator of the estate of a deceased person unless the executor or administrator has reasonable cause to believe, and does believe, that the assets or the estate are sufficient to satisfy its liabilities.

        (2)         Where a right of retainer or preference has been exercised in contravention of this section, the Court may—

            (a)         set aside any payment of money or disposition of property that has been made in contravention of this section; and

            (b)         make any other order that may be just in the circumstances.

        (3)         This section does not prevent an executor or administrator from exercising a right to retain assets from the estate of a deceased person where the extent to which he exercises that right is not such as to confer upon him a preference over other creditors of the estate.