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← Probate and Administration Act 1959

Probate and Administration Act 1959 s 70

Probate and Administration Act 1959 s 70

Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.

s 70 Charges on property of deceased to be paid primarily out of the property charged

(1) Where a person dies possessed of, or entitled to, or, under a general power of appointment, by his will disposes of, an interest in property which at the time of his death is charged with the payment of money, whether by way of legal mortgage, equitable charge or otherwise (including lien for unpaid purchase money), and the deceased has not by will, deed or other document signified a contrary or other intention, the interest so charged shall, as between the different persons claiming through the deceased, be primarily liable for the payment of the charge; and every part of the said interest, according to its value, shall bear a proportionate part of the charge on the whole thereof. (2) No contrary or other intention shall be deemed to be signified— (a) by general direction for the payment of debts or of the debts of the testator out of his movable property or of his residuary estate; or (b) by a charge of debts upon any such estate, unless the 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 a person entitled to the charge to obtain payment or satisfaction thereof either out of the other assets of the deceased or otherwise.

Read this section in the full act → · Open Part VI →

Find Act 97 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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