Survival of legal actions of deceased
Legal actions by and against the deceased (with some exceptions such as for payments of Money paid to a person to financially support them. When a couple has separated both parents have a duty to support their children, and a court can order a parent to make regular payments to support the children. Maintenance for a spouse is now less common, and must be applied for within 12 months of a divorce. It is usually covered in a final settlement of all property. to ex-wife and children, and obligations that can only be carried out personally by the deceased) continue after the death of the deceased (s 29 A&P A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation.).
If the deceased had more debts than assets it is necessary to deal with the All the property a person has, including real property and personal property. It is often used to describe property belonging to someone who has died, or the property of a bankrupt. in a different way from that which operates where the deceased died financially Having enough money to pay all your debts when they are due.. Section 39 of the A&P Act sets out which assets of an estate must be used first in payment of Being unable to pay your debts in full when they are due. estate debts.
This is particularly so when the deceased has considerable debts but also has property out of which those debts could be paid. In these circumstances the estate is made insolvent. If the estate is administered by a trustee in When a debtor who cannot pay their debts has their money and property taken over and managed by a trustee who uses it to pay back creditors. The debtor is then called a bankrupt. it is administered in accordance with the bankruptcy rules under the Bankruptcy Act 1966 (Cth) and the The person named in a will as the one who must ensure that the deceased person’s intentions, as stated in the will, are carried out. or person granted A document that gives a person authority to manage the property of a person who has died without making a valid will that covers all their estate. See also intestate. does not take part in the administration of the estate. However, life policies of the deceased are exempted from the bankruptcy (ss 204, 205 Life Insurance Act 1995 (Cth)) as are superannuation benefits (s 249 Bankruptcy Act 1966 (Cth)). Section 39A of the A&P Act sets out in what order assets of a solvent estate must be applied to meet solvent estate debts.