IHTM12091 - The incidence of debts and legacies: debts charged on property
S35 Administration of Estates Act 1925 applies to all property,
which at the time of the death of the deceased is charged with the
payment of money. It provides that so far as beneficiaries claiming
through the deceased are concerned, the property charged is
primarily liable for the payment of the debt. If the amount of the
debt is greater than the value of the asset, the creditor will be
entitled to the balance out of the other assets of the estate.
This means that, subject to any contrary intention expressed
in the will or in any other deed or document, a devisee of freehold
or leasehold property will take it subject to any mortgage or other
specific charge outstanding as at the date of death.
The section only applies to the extent that the debt is
actually charged on the property.
