Continuance of proceedings allows recovery from a legal representative while limiting liability to the estate and charged assets. The new section provides that a legal representative is liable for sums the deceased would have owed, with proceedings for disgorgement, refund or recovery against the deceased deemed or capable of being continued against the legal representative, excluding levy of penalty unless imposed before death. A legal representative who charges, disposes of or parts with estate assets while liability remains undischarged is personally liable but only to the value of the asset so affected, and overall liability is limited to the capacity of the deceased's estate. 'Legal representative' includes representatives, intermeddlers and successors in representative suits.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Continuance of proceedings allows recovery from a legal representative while limiting liability to the estate and charged assets.
The new section provides that a legal representative is liable for sums the deceased would have owed, with proceedings for disgorgement, refund or recovery against the deceased deemed or capable of being continued against the legal representative, excluding levy of penalty unless imposed before death. A legal representative who charges, disposes of or parts with estate assets while liability remains undischarged is personally liable but only to the value of the asset so affected, and overall liability is limited to the capacity of the deceased's estate. "Legal representative" includes representatives, intermeddlers and successors in representative suits.
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