Bankruptcy and Insolvency Act

Marginal note:Petition against estate of deceased debtor

• 44 (1) Subject to section 43, a petition for a receiving order may be filed against the estate of a deceased debtor.

• Marginal note:Liability of legal representative

  (2) After service of a petition for a receiving order on the legal personal representative of a deceased debtor, he shall not make payment of any moneys or transfer any property of the deceased debtor, except as required for payment of the proper funeral and testamentary expenses, until the petition is disposed of, otherwise, in addition to any penalties to which he may be subject, he is personally liable therefor.

• Marginal note:Idem

  (3) Nothing in this section invalidates any payment or transfer of property made or any act or thing done by the legal personal representative in good faith before the service of a petition referred to in subsection (2).