9.5.1 Testamentary and administration expenses, debts and liabilities

Although no express statutory provision defines ‘testamentary and administration’ expenses, it is accepted that the term refers to expenses incurred by the PRs in carrying out their duties, namely:

collecting in assets;

discharging debts and liabilities of the deceased’s estate; and

the distribution of assets to the beneficiaries (Sharp v Lush).

It is also accepted that funeral expenses are to be discharged prior to any other administration and testamentary expenses.

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