BANKRUPTCY ACT 1966

PART XI - ADMINISTRATION OF ESTATES OF DECEASED PERSONS IN BANKRUPTCY  

SECTION 247A   COMMENCEMENT OF ADMINISTRATION UNDER PART  

247A(1)   [Time of commencement]  

Administration of the estate of a deceased person under this Part by virtue of an order made by the Court under section 244 or 247 after the commencement of this section shall be deemed to have relation back to, and to have commenced at:


(a) if the deceased person was on the day of his or her death unable to pay his or her debts as they became due from his or her own moneys and had committed any act or acts of bankruptcy within the period of 6 months immediately preceding the day on which he or she died - the time of the commission of that act, or the first of those acts, as the case may be;


(b) if the deceased person was on the day of his or her death unable to pay his or her debts as they became due from his or her own moneys, but had not committed any act of bankruptcy within the period of 6 months immediately preceding the day on which he or she died - the time of his or her death; or


(c) if the deceased person was on the day of his or her death able to pay his or her debts as they became due from his or her own moneys - the time of the presentation of the petition on which the order was made.

247A(2)   [Relating to earliest act of bankruptcy]  

Administration of the estate of a deceased person under this Part by virtue of an order made by the Court under section 245 on a creditor ' s petition shall be deemed to have relation back, and to have commenced at, the time of the commission of the earliest act of bankruptcy committed by the deceased person within the period of 6 months immediately preceding the date on which the petition was presented.




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