Section 21A Debtor who becomes creditor’s executor by representation or administrator to account for debt to estate.F1C1
Subject to subsection (2) of this section, where a debtor becomes his deceased creditor’s executor by representation or administrator—
his debt shall thereupon be extinguished; but
he shall be accountable for the amount of the debt as part of the creditor’s estate in any case where he would be so accountable if he had been appointed as an executor by the creditor’s will.
Subsection (1) of this section does not apply where the debtor’s authority to act as executor or administrator is limited to part only of the creditor’s estate which does not include the debt; and a debtor whose debt is extinguished by virtue of paragraph (a) shall not be accountable for its amount by virtue of paragraph (b) of that subsection in any case where the debt was barred by the Limitation Act 1939 before he became the creditor’s executor or administrator.
In this section “debt” includes any liability, and “debtor” and “creditor” shall be construed accordingly.
Annotations
Textual amendments
- F1
S. 21A added by Limitation Amendment Act 1980 (c. 24, SIF 79), s. 10
Modifications
- C1
S. 21A extended by Limitation Act 1980 (c. 58, SIF 79), s. 40(2), Sch. 3 para. 2