Bankruptcy Act 1966

PART XI - ADMINISTRATION OF ESTATES OF DECEASED PERSONS IN BANKRUPTCY  

SECTION 252   LIABILITY OF LEGAL PERSONAL REPRESENTATIVE  

252(1)   [Legal personal representative not discharged]  

A payment or transfer of property made by the legal personal representative of a deceased person:


(a) after service on him or her of a petition under this Part in respect of the estate of that person;


(b) in a case to which subsection 245(1) applies, after he or she has knowledge of the presentation of a petition against that person; or


(c) after a petition is presented under section 247 in respect of the estate of that person;

does not, if an order for the administration of the estate of that person is made under this Part on that petition, operate as a discharge to the legal personal representative as between himself or herself and the trustee.

252(2)   [Limitation on liability]  

Except as provided by subsection (1), nothing in this Part shall be taken to impose on the legal personal representative of a deceased person any liability for any payment or transfer of property made, or any act or thing done, in good faith by the legal personal representative before an order for administration of the estate of the deceased person is made under this Part.


 

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