Section 181 — Family Proceedings Act 1980: Incidence of maintenance due by estate of deceased party

181 Incidence of maintenance due by estate of deceased party (1) The incidence of the payments under any order to which section 180(3) of this Act applies shall fall upon the assets of the estate of the deceased as follows: (a) Where the will of the deceased contains directions relating specifically to the incidence of those payments, the incidence of the payments shall fall upon the assets of the estate in accordance with the directions of the will: (b) Subject to any such directions in the will of the deceased, the incidence of the payments shall fall upon the assets of the estate in the same manner as would the incidence of the unsecured debts of the deceased: Provided that the incidence of any such payments in respect of which security has been ordered to be given under this Act shall fall primarily on the assets of the estate over which security has been ordered to be given. (2) Notwithstanding anything in subsection (1) of this section or in the will of the deceased, but subject to section 180(3) to (6) of this Act, the Court may at any time— (a) Fix or vary as between the assets of the estate of the deceased, in such manner as it thinks fit, the incidence of the payments under an order to which section 180(3) of this Act applies: (b) Exonerate any part of the estate, in whole or in part, from the incidence of the payments under any such order: (c) Adjust the burden of the payments under any such order among the persons who are or may be beneficially interested in the estate of the deceased in such other manner as the Court thinks fit. (3) The Court may from time to time vary an order made under subsection (2) of this section in such manner as the Court thinks fit. (4) An order under subsection (2) or subsection (3) of this section, or any provision of any such order, may be made on and subject to such terms and conditions as the Court thinks fit. (5) An application for an order under subsection (2) or subsection (3) of this section may be made by the personal representative of the deceased or by any person who is interested in the distribution of the estate or by the person who is entitled to the benefit of the order to which section 180(3) of this Act applies. (6) Before making any such order, the Court shall hear such of the persons who may be affected by the order as it thinks necessary, and may for that purpose direct any personal representative to represent, or appoint any person to represent, any such person. (7) No distribution of any part of the estate lawfully made before the personal representative receives notice that an application for such an order has been made to the Court shall be disturbed by reason of the application or of any order on the application, and no action shall lie against the personal representative by reason of his having made such a distribution. Compare: 1963 No 71 s 76A; 1968 No 60 s 10(1)