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Charges on property of deceased to be paid primarily out of property charged

Probate and Administration Act 1934

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—(1) Where a person dies possessed of, or entitled to, or, under a general power of appointment, by his will disposes of an interest in property which at the time of his death is charged with the payment of money, whether by way of legal mortgage, equitable charge or otherwise (including lien for unpaid purchase money), and the deceased has not by will, deed or other document signified a contrary or other intention, the interest so charged shall, as between the different persons claiming through the deceased, be primarily liable for the payment of the charge.(2) Every part of the interest referred to on subsection (1), according to its value, shall bear a proportionate part of the charge on the whole thereof.(3) Such contrary or other intention shall not be deemed to be signified —(a)by a general direction for the payment of debts or of the debts of the testator out of his movable property or of his residuary estate; or(b)by a charge of debts upon any such estate,unless such intention is further signified by words expressly or by necessary implication referring to all or some part of the charge.(4) Nothing in this section shall affect the right of a person entitled to the charge to obtain payment or satisfaction thereof either out of the other assets of the deceased or otherwise.

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