Administration of Estates Act 1925

Devolution of real estate on personal representative

(1) Real estate to which a deceased person was entitled for an interest not ceasing on his death shall on his death, and notwithstanding any testamentary…

Application to real estate of law affecting chattels real

(1) Subject to the provisions of this Act, all enactments and rules of law, and all jurisdiction of any court with respect to the appointment of administrators…

Interpretation of Part I

(1) In this Part of this Act “real estate” includes— (i) Chattels real, and land in possession, remainder, or reversion, and every interest in or over land to…

Cesser of right of executor to prove

Where a person appointed executor by a will— (i) survives the testator but dies without having taken out probate of the will; or (ii) is cited to take out…

Withdrawal of renunciation

(1) Where an executor who has renounced probate has been permitted, whether before or after the commencement of this Act, to withdraw the renunciation and…

Executor of executor represents original testator

(1) An executor of a sole or last surviving executor of a testator is the executor of that testator. This provision shall not apply to an executor who does not…

Right of proving executors to exercise powers

(1) Where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the others or other to prove, all…

Vesting of estate in Public Trustee where intestacy or lack of executors

(1) Where a person dies intestate, his real and personal estate shall vest in the Public Trustee until the grant of administration. (2) Where a testator dies…

Executor not to act while administration is in force

Where administration has been granted in respect of any real or personal estate of a deceased person, no person shall have power to bring any action or…

Continuance of legal proceedings after revocation of temporary administration

(1) If, while any legal proceeding is pending in any court by or against an administrator to whom a temporary administration has been granted, that…

Rights and liabilities of administrator

Every person to whom administration of the real and personal estate of a deceased person is granted, shall, subject to the limitations contained in the grant…

Debtor who becomes creditor’s executor by representation or administrator to account for debt to estate

(1) Subject to subsection (2) of this section, where a debtor becomes his deceased creditor’s executor by representation or administrator— (a) his debt shall…

Special executors as respects settled land

(1) A testator may appoint, and in default of such express appointment shall be deemed to have appointed, as his special executors in regard to settled land…

Provisions where, as respects settled land, representation is not granted to the trustees of the settlement

(1) Where settled land becomes vested in a personal representative, not being a trustee of the settlement, upon trust to convey the land to or assent to the…

Power for special personal representatives to dispose of settled land

(1) The special personal representatives may dispose of the settled land without the concurrence of the general personal representatives, who may likewise…

Duty of personal representatives

The personal representative of a deceased person shall be under a duty to— (a) collect and get in the real and personal estate of the deceased and administer…

Rights of action by and against personal representative

(1) … (2) … (3) … (4) To recover rent due or accruing to the deceased, a personal representative may exercise any power under section 72(1) (commercial rent…

Protection of persons acting on probate or administration

(1) Every person making or permitting to be made any payment or disposition in good faith under a representation shall be indemnified and protected in so…

Liability of person fraudulently obtaining or retaining estate of deceased

If any person, to the defrauding of creditors or without full valuable consideration, obtains, receives or holds any real or personal estate of a deceased…

Liability of estate of personal representative

Where a person as personal representative of a deceased person (including an executor in his own wrong) wastes or converts to his own use any part of the real…

Provisions applicable where administration granted to nominee of the Crown

(1) Where the administration of the real and personal estate of any deceased person is granted to a nominee of the Crown (whether the Treasury Solicitor, or a…

Power to make rules

Provision may be made by rules of court for giving effect to the provisions of this Part of this Act so far as relates to real estate and in particular for…

Real and personal estate of deceased are assets for payment of debts

(1) The real and personal estate, whether legal or equitable, of a deceased person, to the extent of his beneficial interest therein, and the real and personal…

Trust for sale

(1) On the death of a person intestate as to any real or personal estate, that estate shall be held in trust by his personal representatives with the power to…

Administration of assets

(1) … (2) … (3) Where the estate of a deceased person is solvent his real and personal estate shall, subject to rules of court and the provisions hereinafter…

Charges on property of deceased to be paid primarily out of the property charged

(1) Where a person dies possessed of, or entitled to, or, under a general power of appointment (including the statutory power to dispose of entailed interests)…

Effect of assent or conveyance by personal representative

(1) A personal representative may assent to the vesting, in any person who (whether by devise, bequest, devolution, appropriation or otherwise) may be entitled…

Validity of conveyance not affected by revocation of representation

(1) All conveyances of any interest in real or personal estate made to a purchaser either before or after the commencement of this Act by a person to whom…

Right to follow property and powers of the court in relation thereto

(1) An assent or conveyance by a personal representative to a person other than a purchaser does not prejudice the rights of any person to follow the property…

Powers of management

(1) In dealing with the real and personal estate of the deceased his personal representatives shall, for purposes of administration, or during a minority of…

Powers of personal representative for raising money, &c

(1) For giving effect to beneficial interests the personal representative may limit or demise land for a term of years absolute, with or without impeachment…

Powers of personal representative as to appropriation

(1) The personal representative may appropriate any part of the real or personal estate, including things in action, of the deceased in the actual condition or…

Power to appoint trustees of infants’ property

(1) Where an infant is absolutely entitled under the will or on the intestacy of a person dying before or after the commencement of this Act (in this…

Obligations of personal representative as to giving possession of land and powers of the court

(1) A personal representative, before giving an assent or making a conveyance in favour of any person entitled, may permit that person to take possession of…

Power to postpone distribution

Subject to the foregoing provisions of this Act, a personal representative is not bound to distribute the estate of the deceased before the expiration of one…

Abolition of descent to heir, curtesy, dower and escheat

(1) With regard to the real estate and personal inheritance of every person dying after the commencement of this Act, there shall be abolished— (a) All…

Succession to real and personal estate on intestacy

(1) The residuary estate of an intestate shall be distributed in the manner or be held on the trusts mentioned in this section, namely:— (i) If the intestate…

Disclaimer or forfeiture on intestacy

(1) This section applies where a person— (a) is entitled in accordance with section 46 to an interest in the residuary estate of an intestate but disclaims it…

Statutory trusts in favour of issue and other classes of relatives of intestate

(1) Where under this Part of this Act the residuary estate of an intestate, or any part thereof, is directed to be held on the statutory trusts for the issue…

Powers of personal representative in respect of interests of surviving spouse

(1) … (2) The personal representatives may raise— (a) the fixed net sum or any part thereof and the interest thereon payable to the surviving spouse or civil…

Application to cases of partial intestacy

(1) Where any person dies leaving a will effectively disposing of part of his property, this Part of this Act shall have effect as respects the part of his…

Construction of documents

(1) References to any Statutes of Distribution in an instrument inter vivos made or in a will coming into operation after the commencement of this Act, shall…

Savings

(1) Nothing in this Part of this Act affects the right of any person to take beneficially, by purchase, as heir either general or special. (2) The foregoing…

Interpretation of Part IV

In this Part of this Act “real and personal estate” means every beneficial interest (including rights of entry and reverter) of the intestate in real and…

General savings

(1) Nothing in this Act shall derogate from the powers of the High Court which exist independently of this Act or alter the distribution of business between…

Application of Act

Save as otherwise expressly provided, this Act does not apply in any case where the death occurred before the commencement of this Act.

Definitions

In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:— (1) (i)…

Repeal

The Acts mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule, but as respects the…

Application to Crown

(1) The provisions of this Act bind the Crown and the Duchy of Lancaster, and the Duke of Cornwall for the time being, as respects the estates of persons dying…

Short title, commencement and extent

(1) This Act may be cited as the Administration of Estates Act, 1925. (2) … (3) This Act extends to England and Wales only.

Sch. FIRST para. 1

Property of the deceased undisposed of by will, subject to the retention thereout of a fund sufficient to meet any pecuniary legacies.

Sch. FIRST para. 2

Property of the deceased not specifically devised or bequeathed but included (either by a specific or general description) in a residuary gift, subject to the…

Sch. FIRST para. 3

Property of the deceased specifically appropriated or devised or bequeathed (either by a specific or general description) for the payment of debts.

Sch. FIRST para. 4

Property of the deceased charged with, or devised or bequeathed (either by a specific or general description) subject to a charge for the payment of debts.

Sch. FIRST para. 5

The fund, if any, retained to meet pecuniary legacies.

Sch. FIRST para. 6

Property specifically devised or bequeathed, rateably according to value.

Sch. FIRST para. 7

Property appointed by will under a general power, including the statutory power to dispose of entailed interests, rateably according to value.

Sch. FIRST para. 8

The following provisions shall also apply— (a) The order of application may be varied by the will of the deceased. (b) …

Sch. 1A para. 1

This Schedule has effect for determining the fixed net sum referred to in paragraph (B) of case (2) of the Table in section 46(1)(i).

Sch. 1A para. 2

On the coming into force of this Schedule, the amount of the fixed net sum is the amount fixed by order under section 1(1)(a) of the Family Provision Act 1966…

Sch. 1A para. 3

(1) The Lord Chancellor may from time to time by order made by statutory instrument specify the amount of the fixed net sum. (2) An order under sub-paragraph…

Sch. 1A para. 4

(1) This paragraph applies where— (a) a figure for the consumer prices index for a month has become available, and (b) the consumer prices index for that month…

Sch. 1A para. 5

The Lord Chancellor must ensure that the power under paragraph 3(1) is exercised in such a way that an order is made— (a) before the end of the period of 5…

Sch. 1A para. 6

(1) Unless the Lord Chancellor otherwise determines, an order under paragraph 3(1) must specify the amount given by paragraph 7(2) or (as the case requires)…

Sch. 1A para. 7

(1) The amount mentioned in paragraph 6(1) is found as follows. (2) If the consumer prices index for the current month is higher than that for the base month…

Sch. 1A para. 8

(1) The Lord Chancellor may by order made by statutory instrument amend paragraphs 4 and 7 so as to— (a) substitute for references to the consumer prices index…