9 May 2017
OFFICIAL ASSIGNEE v ASHBY [2017] NZHC 917
- Citation
- [2017] NZHC 917
- Court
- High Court
Section 127 KSA continues to operate after death and, read with r9, creates a right to payment that accrues to the personal representative rather than property of the bankrupt; accordingly the deceased's KiwiSaver interest does not vest in the Official Assignee on death. The executor/personal representative must collect assets and pay the deceased's debts (including debts provable in bankruptcy) and, if administering under Part 6, must distribute the estate in accordance with s393 IA which makes no distinction between provable and post-adjudication debts.