Continuance of proceedings enables recovery actions against a deceased's legal representative while limiting liability to estate assets. Continuance of proceedings places liability on a legal representative for sums the deceased would have owed, allowing proceedings for disgorgement, refund or recovery to be continued against or initiated afresh against the legal representative, while excluding levy of penalty unless imposed before death; personal liability arises where the representative charges, disposes of, or parts with estate assets, limited to the value of those assets and to the estate's capacity to meet the liability.
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 enables recovery actions against a deceased's legal representative while limiting liability to estate assets.
Continuance of proceedings places liability on a legal representative for sums the deceased would have owed, allowing proceedings for disgorgement, refund or recovery to be continued against or initiated afresh against the legal representative, while excluding levy of penalty unless imposed before death; personal liability arises where the representative charges, disposes of, or parts with estate assets, limited to the value of those assets and to the estate's capacity to meet the liability.
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