New South Wales Consolidated Acts

PROBATE AND ADMINISTRATION ACT 1898 - SECT 94

94 Distribution of estate by executor or administrator

(1) Where the executor or administrator of the estate of a testator or an intestate--

(a) is, in the executor's or administrator's capacity as such, liable in respect of--

(i) the rents, covenants or agreements contained in a lease, or in an agreement for a lease, granted or assigned to the testator or intestate, or

(ii) the rents, covenants or agreements contained in any conveyance on chief rents or rent charges, or in an agreement for any such conveyance, made and entered into with the testator or intestate, and

(b) has--

(i) satisfied all liabilities under the lease or agreement for a lease, or, as the case may be, under the conveyance or agreement for a conveyance, that have accrued and been claimed up to the time of the assignment or conveyance referred to in subparagraph (iii),

(ii) set aside an amount sufficient to meet any future claim that may be made in respect of any fixed and ascertained sum covenanted or agreed by the lessee or grantee to be expended in respect of the property leased or agreed to be leased, or conveyed or agreed to be conveyed, although the period for expending that sum may not have arrived, and

(iii) assigned the lease or agreement for a lease or conveyed the property or assigned the agreement for the conveyance of the property, as the case may be, to a purchaser or to a legatee, devisee or other person entitled,

the executor or administrator may distribute those assets of the estate remaining in the executor's or administrator's hands among the parties entitled without appropriating any part or any further part of those assets, as the case may be, to meet any future liability under the lease, agreement for a lease, conveyance or agreement for a conveyance.

(2) An executor or administrator who--

(a) has assigned a lease or an agreement for a lease, made or executed a conveyance or assigned an agreement for a conveyance, as referred to in subsection (1) (b) (iii), and

(b) has, where necessary, set aside a sufficient amount as referred to in subsection (1) (b) (ii),

shall not be personally liable in respect of any subsequent claim under any such lease, agreement for a lease, conveyance or agreement for a conveyance.

(3) In this section--

"assignment" and
"conveyance" include an acknowledgment within the meaning of section 83.

"lease" includes an under lease.