This report considers the payment of a person’s debts out of their estate after their death (at the time of publication). Over hundreds of years, a common law “order of application” had developed, that determined the order in which certain kinds of assets could be applied to pay off a debt, so that, for example, assets that were not given over as a gift to someone would be applied to pay off debts before those that were. The report contends that the common law order which developed was archaic, over-complicated, and no longer applicable to modern needs and policy. After considering modern needs, this report suggests the creation and modification of statute to create a more applicable order of application, a better way to deal with secured debts, and a better way to deal with income tax triggered by the death.
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