South Australian Current Acts South Australian Current Acts87—Rules in insolvency administration to prevail in certain cases
(a) the
Public Trustee is the administrator of a deceased estate pursuant to an order
under section 9 of the Public Trustee Act 1995 and the estate has
been found to be insufficient to pay the debts and liabilities of the deceased
person; or
(b) a
declaration that the estate of a deceased person is insufficient for the
payments of the debts and liabilities of the deceased person has been filed
under section 86 and probate or administration has been granted in
respect of the estate; or
(c) the
estate of a deceased person is being administered by the Court and the estate
has been found to be insufficient to pay the debts and liabilities of the
deceased person,
the same rules are to apply as to the respective rights of secured and
unsecured creditors, and as to debts and liabilities provable, and as to the
valuation of annuities and future or contingent liabilities respectively, as
are in force for the time being under the law of bankruptcy with respect to
the estates of persons adjudged bankrupt.
(2) All persons who
would, in a case referred to in subsection (1), be entitled to prove for
and receive dividends out of the estate of the deceased person may come in
under the administration of the estate and make such claims against the estate
as they may respectively be entitled to by virtue of this Act.