View source for Payment of debts in a solvent estate: Payment of debts where property mortgaged or charged--Expressions signifying a contrary or other intention

'''Queensland:'''
Neither of these signify contrary intention:

• a general direction, charge or trust for payment of debts of the testator, out of ‘the testator’s estate’ or ‘the testator’s residuary estate’; or

•  a gift of any such estate after, or subject to, payment of debts.
http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s61.html


'''New South Wales:'''
A contrary/other intention is not signified by a general direction for payment of debts of testator out of, or by a charge of debts upon: 

• Testator’s personal estate; 

• testator’s residuary real/ personal estate; or 

• testator’s residuary real estate; unless such intention is further signified by words expressly or by necessary implication referring to all or some part of charge.
http://www.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s145.html


'''South Australia:'''
A contrary/other intention is not signified by a general direction for payment of debts of testator out of, or by a charge of debts upon: 

• Testator’s personal estate; 

• testator’s residuary real/ personal estate; or 

• testator’s residuary real estate; unless such intention is further signified by words expressly or by necessary implication referring to all or some part of charge.
http://www.austlii.edu.au/au/legis/sa/consol_act/aapa1919259/s52.html


'''Tasmania:'''
A contrary/other intention is not signified by a general direction for payment of debts of testator out of, or by a charge of debts upon: 

• Testator’s personal estate;

• testator’s residuary real/ personal estate; or 

• testator’s residuary real estate; unless such intention is further signified by words expressly or by necessary implication referring to all or some part of charge.
http://www.austlii.edu.au/au/legis/tas/consol_act/aapa1935259/s35.html


'''Victoria:'''
A contrary/other intention is not signified by a general direction for payment of debts of testator out of, or by a charge of debts upon: 

• Testator’s personal estate; 

• testator’s residuary real/ personal estate; or 

• testator’s residuary real estate; unless such intention is further signified by words expressly or by necessary implication referring to all or some part of charge.
http://www.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/s40.html


'''Western Australia:'''
A contrary/other intention is not signified by a general direction for payment of debts of testator out of, or by a charge of debts upon: 

• Testator’s personal estate; 

• testator’s residuary real/ personal estate; or 

• testator’s residuary real estate; unless such intention is further signified by words expressly or by necessary implication referring to all or some part of charge.
http://www.austlii.edu.au/au/legis/wa/consol_act/wa197091/s28.html


'''ACT:'''
A contrary/other intention is not signified by a general direction for payment of debts of testator out of, or by a charge of debts upon: 

• Testator’s personal estate; 

• testator’s residuary real/ personal estate; or 

• testator’s residuary real estate; unless such intention is further signified by words expressly or by necessary implication referring to all or some part of charge.
http://www.austlii.edu.au/au/legis/act/consol_act/cla2006229/s500.html


'''Draft Uniform Legislation:'''
The model legislation should include a provision, based on the second limb of section 59(3) and on section 61(2) of the Succession Act 1981 (Qld), that provides that neither of these constitute contrary intention: (a) a general direction, charge or trust for the payment of debts, or of all the debts of the deceased, out of the estate or the residuary estate; or (b) a disposition of the estate or the residuary estate after, or subject to, the payment of debts.