Administration of Estates Act 1925

Part I Devolution of Real Estate

1 Devolution of real estate on personal representative.

2 Application to real estate of law affecting chattels real.

3 Interpretation of Part I.

Part II Executors and Administrators

General Provisions

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Cesser of right of executor to prove.

6 Withdrawal of renunciation.

7 Executor of executor represents original testator.

8 Right of proving executors to exercise powers.

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

10—14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15 Executor not to act while administration is in force.

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17 Continuance of legal proceedings after revocation of temporary administration.

18—20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 Rights and liabilities of administrator.

21A Debtor who becomes creditor’s executor by representation or administrator to account for debt to estate.

Special Provisions as to Settled Land

22 Special executors as respects settled land.

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

24 Power for special personal representatives to dispose of settled land.

Duties, Rights, and Obligations

25 Duty of personal representatives.

26 Rights of action by and against personal representative.

27 Protection of persons acting on probate or administration.

28 Liability of person fraudulently obtaining or retaining estate of deceased.

29 Liability of estate of personal representative.

30 Provisions applicable where administration granted to nominee of the Crown.

31 Power to make rules.

Part III Administration of Assets

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

33 Trust for sale.

34 Administration of assets.

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

36 Effect of assent or conveyance by personal representative.

37 Validity of conveyance not affected by revocation of representation.

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

39 Powers of management.

40 Powers of personal representative for raising money, &c.

41 Powers of personal representative as to appropriation.

42 Power to appoint trustees of infants’ property.

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

44 Power to postpone distribution.

Part IV Distribution of Residuary Estate

45 Abolition of descent to heir, curtesy, dower and escheat.

46 Succession to real and personal estate on intestacy.

46ADisclaimer or forfeiture on intestacy

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

47A Right of surviving spouse to have own life interest redeemed.

48 Powers of personal representative in respect of interests of surviving spouse.

49 Application to cases of partial intestacy.

50 Construction of documents.

52 Interpretation of Part IV.

Part V Supplemental

53 General savings.

54 Application of Act.

55 Definitions.

57 Application to Crown.

58 Short title, commencement and extent.

Part II Order of Application of Assets where the Estate is solvent

1Property of the deceased undisposed of by will, subject to...

2Property of the deceased not specifically devised or bequeathed but...

3Property of the deceased specifically appropriated or devised or bequeathed...

4Property of the deceased charged with, or devised or bequeathed...

5The fund, if any, retained to meet pecuniary legacies.

6Property specifically devised or bequeathed, rateably according to value.

7Property appointed by will under a general power, including the...

8The following provisions shall also apply— (a) The order of...

SCHEDULE 1ADetermination of the fixed net sum

1This Schedule has effect for determining the fixed net sum...

2On the coming into force of this Schedule, the amount...

3(1) The Lord Chancellor may from time to time by...

4(1) This paragraph applies where— (a) a figure for the...

5The Lord Chancellor must ensure that the power under paragraph...

6(1) Unless the Lord Chancellor otherwise determines, an order under...

7(1) The amount mentioned in paragraph 6(1) is found as...

8(1) The Lord Chancellor may by order made by statutory...

SECOND SCHEDULE

. . . . . . . . . ....

Royal arms

Administration of Estates Act 1925

1925 CHAPTER 23 15 and 16 Geo 5

An Act to consolidate Enactments relating to the Administration of the Estates of Deceased Persons.

[9th April 1925]