531. Rights against insolvent estate of deceased mortgagor.

The administration of the insolvent estate of a deceased mortgagor must be carried out under the general insolvency legislation, subject to certain modifications1. For these purposes, an estate of a deceased person is insolvent if, when realised, it will be insufficient to meet in full all the debts and other liabilities to which it is subject2. Whether an estate is insolvent must be decided on the facts, and if there is any uncertainty, administration should proceed on the basis that it is insolvent until debts and liabilities are discharged