South Australian Numbered Acts

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SUCCESSION ACT 2023 (NO 30 OF 2023) - SECT 85

85—Specialty and simple contract debts of deceased persons to stand in equal degree

        (1)         Despite any Act or law to the contrary, no debt or liability of a deceased person is entitled to priority or preference by reason only of the fact that the debt or liability is secured or arises under a bond, deed or other instrument under seal or is otherwise made or constituted a specialty debt rather than a debt under a simple contract, and all the creditors of the person are to be treated as standing in equal degree and are to be paid accordingly out of the assets (whether legal or equitable) of the deceased person.

        (2)         This section does not affect any lien, charge or other security that a creditor holds or is entitled to for the payment of debt.



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