What is the order of priority for paying off debts on the estate?
What happens when debts on the estate have equal rank or priority?
They will be paid off proportionately to their amounts.
What comes first maintenance debts or other debts on the estate?
Debts on the estate.
Will the whole of a Ketuba debt be paid from the estate?
No! It will be paid providing it is not in excess of a reasonable amount.
What is the status of a Ketuba debt?
It is in third ranking priority amongst debts on the estate, and is to be deducted from her share of the inheritance.
What is the position regarding undertakings made by the deceased before his/her death?
They remain valid and the estate is obliged to respect and enforce them.
What happens if heirs make a deal about property they inherit, but this contradicts a previous, lifetime undertaking concerning it made by the deceased?
If the heirs did not know of the undertaking, and the person the deceased made an undertaking to did not inform them, and did not register the deal, then the right of the second person, with whom the heirs made a deal will take precedence.
Can the executor of the estate digress from the order of priority set down by law regarding debts to be paid?
No! He has no discretion in this – only the court has discretion to digress from the order stated.
Can the testator make valid instructions in his will changing the order of priority set by law for the payment of estate debts?
No!
What governs the payment of debts owed by the estate to the tax authorities?
The various tax laws.
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