Western Australian Current Acts Western Australian Current Acts (1) Where by will a
testator disposes of any property that at the time of the testator’s
death is charged with the payment of money whether by way of mortgage, charge,
lien (including a lien for unpaid purchase money) or otherwise and the
testator has not by the will or by a deed or other document signified a
contrary or other intention the property so charged is, as between the
different persons claiming through the testator, primarily liable for payment
of the money secured by the charge, and every part of such property according
to its value shall bear a proportionate part of the charge on the whole.
(2) Such contrary or
other intention is not deemed to be signified —
(a) by a
general direction for the payment of the debts, or of all the debts of the
testator out of the testator’s personal estate, or out of the
testator’s residuary real and personal estate, or out of the
testator’s residuary real estate; or
(b) by a
charge of debts on any such estates, unless such intention is further
signified by words expressly or by necessary implication referring to all or
some part of the charge.
(3) Nothing in this
section affects the right of the person entitled to the charge to obtain
payment or satisfaction thereof either out of the other assets of the
testator’s estate or otherwise.
[Section 28 amended: No. 27 of 2007 s. 21.]