Administration of Insolvent Estate

Section 63 of Probate And Administration Ordinance states where the estate of a deceased person is insolvent his estate shall be administered in accordance with the rules set out in Part I of Schedule 1 of the Ordinance.
The right of retainer of a personal representative and his right to prefer creditors may be exercised in respect of all assets of the deceased but the right of retainer shall only apply to debts owing to the personal representative in his own right whether solely or jointly with another person.
Subject as aforesaid, nothing in this Ordinance affects the right of retainer of a personal representative or his right to prefer creditors.
PART I of Schedule 1 of Probate And Administration Ordinance
Rules as to payment of debts where estate is insolvent

  1. Subject to the provisions of section 14 of Probate And Administration Ordinance, the funeral, testamentary, and administration expenses have priority.
  2. Subject as aforesaid, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable and as to the valuation of annuities and future and contingent liabilities respectively, and as to the priorities of debts and liabilities, as may be in force for the time being under the law of bankruptcy with respect to the assets of persons adjudged bankrupt.
    Section 14 states the Official Administrator shall have a lien upon all property mentioned in section 12 for the reasonable expenses incurred by him in carrying out the provisions of that section, and such expenses shall also constitute the first charge on the estate of the deceased person, before the payment of debts having priority.
    Section 12 concerns with the power and duty of Official Administrator on interim possession of property and deaths of foreign nationals.

Leave a Reply

Your email address will not be published. Required fields are marked *