South Australian Current Acts

SUCCESSION ACT 2023 - SECT 134

134—Restrictions on exercise of rights of retainer and preference

        (1)         An executor or administrator of the estate of a deceased person must not exercise a right of retainer or preference unless the executor or administrator has reasonable cause to believe, and does believe, that the assets of the estate are sufficient to satisfy its liabilities.

        (2)         If a right of retainer or preference is exercised in contravention of subsection (1), the Court may—

            (a)         set aside any payment of money or disposition of property that has been made in contravention of subsection (1); 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 if the extent to which the executor or administrator exercises that right is not such as to confer on the executor or administrator a preference over other creditors of the estate.