ADMINISTRATION OF ESTATES ACT - 1961 (ACT 63)

Section - 94 - Administration of Assets

(1) Where the estate of a deceased is solvent, his movable and immovable property shall, subject to the rules of Court and the provisions of this Act relating to charges on property of the deceased, and to the provisions, if any, contained in his will, be applicable towards the discharge of the testamentary and administration expenses, debts and liabilities payable therefrom in the order specified in the Second Schedule to this Act. [As Substituted by Administration of Estates (Amendment) Law, 1985 (PNDCL 113) s. 7].

(2) Where the estate of a deceased person is insolvent, his estate shall be administered as provided by law.

(3) The right of retainer of a personal representative and his right to prefer creditors may be exercised in respect of all assets of the deceased, but the right of retainer shall only apply to debts owing to the personal representative in his own right whether solely or jointly with another person. The right of retainer shall not apply to the Administrator-General.

Subject as aforesaid, nothing in this Act affects the right of retainer of a personal representative, or his right to prefer creditors.

(4) Where administration is granted of an estate which was previously being dealt with in accordance with customary law the grant shall not affect the validity of any act duly done in accordance with that law prior to the grant.