Succession Act 1965 section 45

Estate of deceased to be assets for payment of debts and legal right

Section 45 establishes that the entire estate of a deceased person is available to pay their debts, expenses, and any legal right entitlements, and that any will provision attempting to circumvent this rule is void.

• The deceased's entire estate — including both legal and equitable interests and any property disposed of under a general power in the will — is treated as assets available for paying funeral costs, testamentary and administration expenses, debts, liabilities, and any legal right (such as a spouse's legal right share under Section 111).
• Any provision in a will that attempts to override this principle is void as against creditors and any person entitled to a legal right.
• The court has the power to step in and administer the estate's property to ensure that all expenses, debts, liabilities, and legal rights are properly paid and satisfied.
• The rights of existing encumbrancers (such as mortgage holders or those with charges over the property) are not affected by this section and remain fully protected.