Legal representative liability continues for deceased's disgorgement, refund and recovery proceedings, limited to estate assets. Where a person dies, the deceased's legal representative is liable for sums the deceased would have owed, but penalty liability arises only if imposed before death. Disgorgement, refund and recovery proceedings (excluding penalty proceedings) pending against the deceased at death are continued against the legal representative or may be initiated against them as if initiated against the deceased. A legal representative who charges, disposes of or parts with estate assets while liability remains undischarged is personally liable, limited to the value of the asset affected, and overall liability is limited to the estate's capacity to meet it.
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.
Legal representative liability continues for deceased's disgorgement, refund and recovery proceedings, limited to estate assets.
Where a person dies, the deceased's legal representative is liable for sums the deceased would have owed, but penalty liability arises only if imposed before death. Disgorgement, refund and recovery proceedings (excluding penalty proceedings) pending against the deceased at death are continued against the legal representative or may be initiated against them as if initiated against the deceased. A legal representative who charges, disposes of or parts with estate assets while liability remains undischarged is personally liable, limited to the value of the asset affected, and overall liability is limited to the estate's capacity to meet it.
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