Abstract

The article discusses issues of setting the value of a mortgaged property in distribution of estate cases. In its hitherto judgments the Supreme Court adopted the method of appraising real property which consisted in deducting the amount of mortgage from its value. In the new approach, in the opinion of the Supreme Court, in order to correctly valuate property mortgage should be left out from the appraisal. This new position has been more closely analyses and critically assessed by the author.