Administration of Estates Act 1971
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Change 1
10 Retainer, preference and the payment of debts by personal representatives.
(1) The right of retainer of a personal representative and his right to prefer creditors are hereby abolished. (2) Nevertheless a personal representative— (a) other than one mentioned in paragraph (b) below, who, in good faith and at a time when he has no reason to believe that the deceased’s estate is insolvent, pays the debt of any person (including himself) who is a creditor of the estate; or (b) to whom letters of administration had been granted solely by reason of his being a creditor and who, in good faith and at such a time pays the debt of another person who is a creditor of the estate; shall not, if it subsequently appears that the estate is insolvent, be liable to account to a creditor of the same degree as the paid creditor for the sum so paid.
10 Retainer, preference and the payment of debts by personal representatives.
(1) The right of retainer of a personal representative and his right to prefer creditors are hereby abolished. (2) Nevertheless a personal representative— (a) other than one mentioned in paragraph (b) below, who, in good faith and at a time when he has no reason to believe that the deceased’s estate is insolvent, pays the debt of any person (including himself) who is a creditor of the estate; or (b) to whom letters of administration had been granted solely by reason of his being a creditor and who, in good faith and at such a time pays the debt of another person who is a creditor of the estate; shall not, if it subsequently appears that the estate is insolvent, be liable to account to a creditor of the same degree as the paid creditor for the sum so paid.
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