Loooooll how ironic this just came up in my set of questions!!
When the Uniform Partnership Act applies and there is no general partnership agreement, which of the following events occurs when a partner dies?
The partnership is dissolved.
The deceased partner's estate is free from any partnership liability.
A.
Both I and II
Correct B.
I only
C.
II only
D.
Neither I nor II
You are correct, the answer is B.
If a partner dies, according to section 30 of the Uniform Partnership Act (UPA), the partnership is dissolved but not terminated, since the partnership must continue until the winding up of partnership affairs is completed.
The UPA (section 36) also states, “The dissolution of the partnership does not of itself discharge the existing liability of any partner.” Further, “The individual property of a deceased partner shall be liable for all obligations of the partnership incurred while he was a partner but subject to the prior payment of his separate debts.”