Western Australian Current Acts

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WILLS ACT 1970 - SECT 28

28 .         Charges on property to be paid primarily out of property charged

        (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.]

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