Succession Act 1965 section 47

Charges on property of deceased to be paid primarily out of the property charged

Section 47 establishes that when a deceased person's property is subject to a charge (such as a mortgage), that charge must be paid primarily from the property itself, rather than from other assets of the estate.

• Where property inherited from a deceased person carries a charge (e.g. a mortgage or lien), the property itself is primarily liable for paying off that charge, not the general estate.
• Each part of the charged property bears a proportionate share of the total charge based on its value.
• A general direction in a will to pay debts from the estate does not override this rule — only explicit wording referring specifically to the charge can change the default position.
• The creditor who holds the charge retains the right to seek payment from other assets of the deceased if needed.

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