Section 180 — Family Proceedings Act 1980: Recovery of money from estate of deceased party

180 Recovery of money from estate of deceased party (1) On the death of any person against whom an order for the payment of money has been made under this Act, any money in arrear and unpaid at the time of that person's death shall constitute a debt recoverable out of that person's estate. (2) Notwithstanding subsection (1) of this section, unless the order has been made to bind the personal representative of the deceased person, no such arrears in respect of a period longer than 12 months shall be so recoverable without the leave of the Court, which may be given on such terms and subject to such conditions as the Court specifies. (3) Where, by any order made under section 70 of this Act, a personal representative is liable to pay any periodical sum in respect of any period after the death of the deceased, the amount so payable by the personal representative under the order, or, where there are 2 or more such orders, under all those orders, shall constitute a debt recoverable out of the estate of the deceased, but all other debts payable out of the estate shall rank in priority thereto. For the purposes of this subsection, an order made under section 99 of this Act varying or extending any order under section 70 of this Act shall be deemed to be an order under section 70 of this Act. (4) Nothing in subsection (3) of this section shall affect any security given, pursuant to an order under this Act, for the payment of any sum or the rights of any person in respect of that security. (5) Where the estate of the deceased is insufficient for the payment in full of the amounts so payable under 2 or more orders to which subsection (3) of this section applies, so much of the estate as is available for payment of those amounts shall be applied in payment rateably of the amounts so payable under the several orders. (6) Nothing in this section shall restrict the power of the Court to make, in respect of any order to which this section applies, an order under section 99 of this Act after the death of the person liable under the first-mentioned order. Compare: 1963 No 71 s 76; 1968 No 62 s 92; 1976 No 166 s 56