Administration of Estates Act 1925

1. Introductory Text

2. PART I Devolution of Real Estate

   1. 1. Devolution of real estate on personal representative

   2. 2. Application to real estate of law affecting chattels real

   3. 3. Interpretation of Part I

3. PART II Executors and Administrators

   1. General Provisions

      1. 4. Summons to executor to prove or renounce

      2. 5. Cesser of right of executor to prove

      3. 6. Withdrawal of renunciation

      4. 7. Executor of executor represents original testator

      5. 8. Right of proving executors to exercise powers

      6. 9. Vesting of estate of intestate between death and grant of administration

      7. 10. Discretion of court as to persons to whom administration is to be granted

      8. 11. Administration bonds

      9. 12. Provisions as to the number of personal representatives

      10. 13. Power to grant representation of real and personal estate separately or together

      11. 14. Grant of representation to a trust corporation

      12. 15. Executor not to act while administration is in force

      13. 16. Administration pending litigation

      14. 17. Continuance of legal proceedings after revocation of temporary administration

      15. 18. Grant of special administration where personal representative is abroad

      16. 19. Administration with will annexed

      17. 20. Administration during minority of executor

      18. 21. Rights and liabilities of administrator

   2. Special Provisions as to Settled Land

      1. 22. Special executors as respects settled land

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

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

   3. Duties, Rights, and Obligations

      1. 25. Duty of personal representative as to inventory

      2. 26. Rights of action by and against personal representative

      3. 27. Protection of persons acting on probate or administration

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

      5. 29. Liability of estate of personal representative

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

      7. 31. Power to make rules

4. PART III Administration of Assets

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

   2. 33. Trust for sale

   3. 34. Administration of assets

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

   5. 36. Effect of assent or conveyance by personal representative

   6. 37. Validity of conveyance not affected by revocation of representation

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

   8. 39. Powers of management

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

   10. 41. Powers of personal representative as to appropriation

   11. 42. Power to appoint trustees of infants' property

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

   13. 44. Power to postpone distribution

5. PART IV Distribution of Residuary Estate

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

   2. 46. Succession to real and personal estate on intestacy

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

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

   5. 49. Application to cases of partial intestacy

   6. 50. Construction of documents

   7. 51. Savings

   8. 52. Interpretation of Part IV

6. PART V Supplemental

   1. 53. General savings

   2. 54. Application of Act

   3. 55. Definitions

   4. 56. Repeal

   5. 57. Application to Crown

   6. 58. Short title, commencement and extent

7. SCHEDULES.

   1. FIRST SCHEDULE

      1. PART I Rules as to Payment of Debts where the Estate is insolvent

         1. 1. The funeral, testamentary, and administration expenses have priority.

         2. 2. Subject as aforesaid, the same rules shall prevail and be...

      2. PART II Order of Application of Assets where the Estate is solvent

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

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

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

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

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

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

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

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

   2. SECOND SCHEDULE

      Enactments repealed

      1. PART I Repeals not affecting Cases where the Death occurred before the commencement of this act

      2. PART II Repeals applying where the Death occurred before or after the commencement of this act