Questions

 

Solvent estates

D1    Should the current Victorian order of application of assets for payment of debts in solvent estates be simplified according to the National Committee proposal?

D2   Should a provision be introduced into the Administration and Probate Act 1958 (Vic) that specifies that all assets are to be applied rateably?

 

Charged or mortgaged property

D3 Are there any significant difficulties with the operation of section 40 of the Administration and Probate Act 1958 (Vic)? If so:

(a) should the provision be abolished as in the Northern Territory?

(b) should the provision be modified to require a sufficient connection between the debt and the property upon which it is charged?

D4 Should section 40 of the Administration and Probate Act 1958 (Vic) set out what will be, as well as what will not be, sufficient to constitute contrary intention?

D5 In the context of section 40 of the Administration and Probate Act 1958 (Vic), should expression of contrary intention be by will only?

 

Insolvent estates

D6 How could the two current schemes of administration— part I of the second schedule to the Administration and Probate Act 1958 (Vic) and the Bankruptcy Act 1966 (Cth)— operate more efficiently and effectively?

D7 Should the Administration and Probate Act 1958 (Vic) define ‘insolvent’?

D8 Should the Administration and Probate Act 1958 (Vic) be expressed to bind the Crown, or alternatively, should there be express abolition of the priority of Crown debts?

D9 Should clause 2 of part I of the second schedule to the Administration and Probate Act 1958 (Vic) be amended to import the rules of bankruptcy in force ‘at the time of death’?

 

Publication Status: 
Publication Process: 
Date Published: 
Friday, February 1, 2013 - 12:00

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