Report No. 26
85. Vesting of estate and mode of administration.-(1) Upon an order being made for the administration of a deceased debtor's estate under section 84, the property of the debtor shall vest in the Official Assignee, and he shall forthwith proceed to realise and distribute the same in accordance with the provisions of this Act.
[New] [Cf. section 109, P.T.A.]
(2) With the modification hereinafter mentioned, all the provisions of this Act relating to the administration of the property of an insolvent and to Official Assignee, shall, so far as the same are applicable, apply to the case of such administration order in like manner as to an order of adjudication under this Act.
[Cf. section 155(4), Australian Act.]
(3) The provisions of sections 52 to 59 and section 70 shall, so far as they are applicable, apply to the case of such administration order in like manner as to an order of adjudication under this Act, and for the purpose of application of the said provisions to such case, references in the said provisions to an insolvency petition shall be construed as references to a petition under section 84.
(4) In the administration of the property of the deceased debtor under an order of administration, the Official Assignee shall have regard to any claims by the legal representative of the deceased debtor to payment of the proper funeral and testamentary expenses incurred by him in and about the debtor's estate; and those claims shall be deemed a preferential debt under the order, and be payable in full, out of the debtor's estate, in priority to all other debts.
(5) If, on the administration of the deceased debtor's estate, any surplus remains in the hands of the Official Assignee after payment in full of all the debts due from the debtor, together with the costs of the administration and interest as provided by this Act in case of insolvency, such surplus shall be paid over to the legal representative of the deceased debtor's estate, or dealt with in such other manner as may be prescribed.
[Cf. section 155(4A), Australian Act.]
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