Administration of Estates Act, 1965 (Act No. 66 of 1965)Chapter II: Deceased Estates50. Executor making wrong distribution |
Any executor who makes a distribution otherwise than in accordance with the provisions of section thirty-four or thirty-five , as the case may be shall—
| a) | be personally liable to make good to any heir and to any claimant whose claim was lodged within the period specified in the notice referred to in section twenty-nine , any loss sustained by such heir in respect of the benefit to which he is entitled or by such claimant in respect of his claim, as a result of his failure to make a distribution in accordance with the said provisions; and |
| b) | be entitled to recover from any person any amount paid or any property delivered or transferred to him in the course of the distribution which would not have been paid, delivered or transferred to him if a distribution in accordance with the said provisions had been made: Provided that no costs incurred under this paragraph shall be paid out of the estate. |