Action by creditor against legatees

  1. Law
  2. US Virgin Islands Code
  3. Decedents' Estates and Fiduciary Relations
  4. Administration of Estates
  5. Actions by or Against Executors, Administrators, Legatees, Heirs and Devisees
  6. Actions of an Equitable Nature
  7. Action by creditor against legatees

Checkout our iOS App for a better way to browser and research.

  • Legatees are liable to an action by a creditor of the testator to recover the value of any legacy received by them. The action may be maintained against all the legatees jointly or against any one or more of them severally. In such an action the plaintiff shall not recover unless he shows that—

    • (1) no assets were delivered by the executor or administrator of the testator to his next of kin; or,

    • (2) the value of such assets has been recovered by some other creditor; or,

    • (3) such assets are not sufficient to satisfy the demand of the plaintiff.

      In the case referred to in clause (3) of this section, he shall recover only the deficiency. The whole amount which the plaintiff shall recover shall be apportioned among all the legatees of the testator in proportion to the value of their legacies, respectively, and only that proportion shall be recovered of each legatee.


Download our app to see the most-to-date content.