South Australian Numbered Acts

SUCCESSION ACT 2023 (NO 30 OF 2023) - SECT 87

87—Rules in insolvency administration to prevail in certain cases

        (1)         If—

            (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.