Bankruptcy Regulations 1996

SCHEDULE 7 - MODIFICATIONS UNDER PART XI OF THE ACT - ADMINISTRATION OF ESTATES OF DECEASED PERSONS  

(regulation 11.02 )

2   Section 50 (Taking control of debtor ' s property before sequestration)  

2.1    
Subsection 50(1):

Omit ' debtor, but before the debtor becomes ' , substitute ' debtor who dies after presentation of a creditor ' s petition but before becoming ' .

2.2    
Paragraph 50(1)(a):

Omit ' debtor ' s property; ' , substitute ' deceased debtor ' s estate; ' .

2.3    
Paragraph 50(1)(b):

Omit ' property. ' , substitute ' estate. ' .

2.4    
Paragraph 50(1A)(c):

Omit ' debtor ' , substitute ' deceased debtor ' s legal personal representative ' .

2.5    
Subsection 50(1B):

Omit ' debtor ' s property ' , insert ' deceased debtor ' s estate ' .

2.6    
Subsection 50(2):

Omit ' debtor ' (first occurring), substitute ' legal personal representative of the deceased debtor ' .

2.7    
Subsection 50(2):

Before ' debtor ' (second and third occurring), insert ' deceased debtor ' .

2.8    
Subsection 50(3):

Omit ' debtor and the debtor ' s ' , substitute ' deceased debtor and the debtor ' s ' .

2.9    
Subsection 50(4):

Before ' debtor ' (twice occurring) and ' debtor ' s ' , insert ' deceased ' .

2.10    
Paragraph 50(5)(a):

Omit ' a sequestration order had been made against the debtor ' , insert ' an order had been made for the administration of the estate of the deceased debtor ' .

2.11    
Paragraph 50(5)(c):

Omit ' debtor ' s bankruptcy if a sequestration ' , substitute ' administration of the deceased debtor ' s estate if an ' .

2.12    
Section 50:

Add at the end:

' (6)
In this section:

legal personal representative,
in relation to a deceased debtor, means:

(a) the executor under the deceased debtor ' s will; or

(b) the administrator under letters of administration or court order;

of the deceased debtor ' s estate, or a part of that estate. ' .