| Commentary

283 Insolvency administration order

| Commentary

(3) INSOLVENT ESTATES OF DECEASED PERSONS

A: INTRODUCTION TO INSOLVENT ESTATES OF DECEASED PERSONS

283 Insolvency administration order

Where an estate is found, or is likely, to be insolvent after an individual’s death, it must be administered for the benefit of the deceased’s creditors. There is no primary legislation about this. Instead, the Insolvency Act 1986 authorises the Lord Chancellor, with the concurrence of the Secretary of State, to regulate insolvent estates by way of statutory instrument1. The relevant instrument (the Administration of Insolvent Estates of Deceased Persons Order 1986) provides for either ‘an insolvency administration order’ to be made for the

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