- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Administration of Estates Act 1925, Section 51.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(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 provisions of this Part of this Act do not apply to any beneficial interest in real estate (not including chattels real) to which a [F1person of unsound mind] or defective living and of full age at the commencement of this Act, and unable, by reason of his incapacity, to make a will, who thereafter dies intestate in respect of such interest without having recovered his testamentary capacity, was entitled at his death, and any such beneficial interest (not being an interest ceasing on his death), shall, without prejudice to any will of the deceased, devolve in accordance with the general law in force before the commencement of this Act applicable to freehold land, and that law shall, notwithstanding any repeal, apply to the case.
For the purposes of this subsection, a [F1person of unsound mind] or defective who dies intestate as respects any beneficial interest in real estate shall not be deemed to have recovered his testamentary capacity unless his . . . F2 receiver has been discharged.
(3)Where an infant dies after the commencement of this Act without having been married[F3or having formed a civil partnership,] [F4and without issue], and independently of this sub-section he would, at his death, have been equitably entitled under a [F5trust or] settlement (including a will) to a vested estate in fee simple or absolute interest in freehold land, or in any property F6. . . to devolve therewith or as freehold land, such infant shall be deemed to have had [F7a life interest], and the [F5trust or] settlement shall be construed accordingly.
F8(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words substituted by Mental Treatment Act 1930 (c. 23), s. 20(5) and Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 5 para. 29
F2Words repealed by Mental Health Act 1959 (c. 72), Sch. 8 Pt. I
F3Words in s. 51(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 4 para. 11; S.I. 2005/3175, art. 2(1), Sch. 1
F4Words in s. 51(3) inserted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 6(4)(a) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2
F5Words in s. 51(3) inserted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 6(4)(b) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2
F6Word in s. 51(3) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2
F7Words in s. 51(3) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 6(4)(c) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2
F8S. 51(4) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: