Victorian Current Acts Victorian Current ActsS. 40(1) amended by Nos 80/2014 s. 12(1)(2), 20/2015 s. 47.
(1) Where a person dies possessed of or entitled to or under a general power of appointment (including the statutory power to dispose of entailed interests) and the will disposes of an interest in property which, at the time of the deceased's death is charged with the payment of money whether by way of mortgage charge or otherwise (including a lien for unpaid purchase money) and the deceased has not by will signified a contrary or other intention the interest so charged shall as between the different persons claiming through the deceased be primarily liable for the payment of the charge; and every part of the said interest according to its value shall bear a proportionate part of the charge on the whole thereof.
(2) Such contrary or other intention shall not be deemed to be signified—
S. 40(2)(a) amended by No. 80/2014 s. 12(3).
(a) by a general direction for the payment of debts or of all the debts of out of the testator's personal estate, residuary real and personal estate or residuary real estate; or
(b) by a charge of debts upon any such estate—
unless such intention is further signified by words expressly or by necessary implication referring to all or some part of the charge.
(3) Nothing in this section shall affect the right of a person entitled to the charge to obtain payment or satisfaction thereof either out of the other assets of the deceased or otherwise.
No. 3632 s. 36.