Succession Act 1965 section 59

Right to follow property

Section 59 deals with the right of creditors and beneficiaries to pursue estate property that has been transferred by personal representatives to someone other than a purchaser, ensuring that outstanding debts and entitlements remain enforceable against that property or the person who disposed of it.

• Property transferred by personal representatives to a non-purchaser remains liable for the deceased's debts and any beneficiary's share in the estate, so long as it stays in the hands of that person or anyone who acquired it from them other than by purchase.
• If such a non-purchaser sells or mortgages the property, the seller or mortgagor becomes personally liable for those debts and shares to the same extent the property was liable while held by the personal representatives.
• The liability attaches to the property to the same extent as when it was vested in the personal representatives — it does not create any new or greater obligation.
• These rules apply regardless of whether the deceased died before or after the commencement of the Succession Act 1965.