View source for Assets for the payment of debts: Property appointed by will in the exercise of a general power of appointment

'''Queensland:'''
Any devolution of the property of the deceased shall take effect without prejudice to the rights of mortgagees or other encumbrancees.
http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s56.html


'''New South Wales:'''
Real and personal property disposed of by deceased’s will  in exercise of a general power are assets for payment of his debts and liabilities.
http://www.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259/s46a.html


'''Northern Territory:'''
Real and personal property disposed of by deceased’s will  in exercise of a general power are assets for payment of his debts and liabilities.
http://www.austlii.edu.au/au/legis/nt/consol_act/aapa259/s55.html


'''Tasmania:'''
Real and personal property disposed of by deceased’s will  in exercise of a general power are assets for payment of his debts and liabilities.
http://www.austlii.edu.au/au/legis/tas/consol_act/aapa1935259/s32.html


'''Victoria:'''
Real and personal property disposed of by deceased’s will  in exercise of a general power are assets for payment of his debts and liabilities.
http://www.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/s37.html


'''ACT:'''
Real and personal property disposed of by deceased’s will  in exercise of a general power are assets for payment of his debts and liabilities.
http://www.austlii.edu.au/au/legis/act/consol_act/aapa1929259/s41.html


'''2009 Draft Uniform Legislation:'''
Model legislation should include a provision to the general effect of section 56 of Succession Act 1981 (Qld), & provide that: (a) following property is an asset for payment of debts of a deceased’s estate: (i) property of deceased that, on his death, vests in his executor or public trustee (or the statutory equivalent); and (ii) property to which deceased’s PR becomes entitled; (b) any disposition by deceased’s will that is inconsistent with provision that gives effect to this Recommendation is void as against creditors of estate, and court may, administer the property for payment of debts; and (c) model provision does not affect rights of a mortgagee or other encumbrancee.