New South Wales Consolidated Acts

PROBATE AND ADMINISTRATION ACT 1898 - SECT 46A

46A Real and personal estate of person dying after commencement of Conveyancing (Amendment) Act 1930 are assets for payment of debts

(1) The real and personal estate of a person dying after the commencement of the Conveyancing (Amendment) Act 1930 , to the extent of the person's beneficial interest therein, and the real and personal estate of which a person so dying disposes by the person's will (whenever made) in exercise of a general power, shall be assets for the discharge of the funeral, testamentary and administrative expenses, debts, and liabilities.

(2) If any person to whom any such beneficial interest devolves or is given, or in whom any such interest vests, disposes thereof in good faith before any proceeding is taken or process is sued out against the person, the person shall be personally liable for the value of the interest so disposed of by the person, but that interest shall not be liable to be taken in execution in the proceeding or under the process.