Queensland Consolidated Acts

SUCCESSION ACT 1981 - SECT 58

58 Retainer, preference and the payment of debts by personal representatives

(1) The right of retainer of a personal representative and the personal representative’s right to prefer creditors are hereby abolished.

(2) Nevertheless a personal representative—

(a) other than one mentioned in paragraph (b) , who, in good faith and at a time when the personal representative has no reason to believe that the deceased’s estate is insolvent, pays the debt of any person (including himself or herself) who is a creditor of the estate; or

(b) to whom letters of administration have been granted solely by reason of the personal representative 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.