Search Legislation

Administration of Estates Act 1925

Status:

This is the original version (as it was originally enacted).

SCHEDULES.

Section 34.

FIRST SCHEDULE

PART IRules as to Payment of Debts where the Estate is insolvent

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

2Subject as aforesaid, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable and as to the valuation of annuities and future and contingent liabilities respectively, and as to the priorities of debts and liabilities as may be in force for the time being under the law of bankruptcy with respect to the assets of persons adjudged bankrupt.

PART IIOrder of Application of Assets where the Estate is solvent

1Property of the deceased undisposed of by will, subject to the retention thereout of a fund sufficient to meet any pecuniary legacies.

2Property of the deceased not specifically devised or bequeathed but included (either by a specific or general description) in a residuary gift, subject to the retention out of such property of a fund sufficient to meet any pecuniary legacies, so far as not provided for as aforesaid.

3Property of the deceased specifically appropriated or devised or bequeathed (either by a specific or general description) for the payment of debts.

4Property 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.

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 statutory power to dispose of entailed interests, rateably according to value.

8The following provisions shall also apply—

(a)The order of application may be varied by the will of the deceased.

(b)This part of this Schedule does not affect the liability of land to answer the death duty imposed thereon in exoneration of other assets.

Section 56.

SECOND SCHEDULEEnactments repealed

PART IRepeals not affecting Cases where the Death occurred before the commencement of this act

Session and Chapter.Title or Short Title.Extent of Repeal.
13 Edw. l (Stat. Westm. sec.) c. 19.The ordinary chargeable to pay the debts of an intestate.The whole chapter.
13 Edw. 1. (Stat. Westm. sec.) c. 23.Writ of accompt for executorsThe whole chapter.
13 Edw. 1 (Stat. Westm. sec.) c. 34.Dower forfeited by elopement with adulterer.From " and if a " wife willingly " leave her husband " to " in " which case she " shall be re-" stored to her " action."
25 Edw. 1.c. 7.Widow; her marriage estate; quarantine; estovers; dower; re-marriage.The whole chapter.
25 Edw. 1. c. 18.The King's tenant, his debtorFrom " and the residue" to "reasonable parts."
Statute (temp, incert.).Statute concerning tenants by the Curtesy of England.The whole statute.
Statute Prerogativa Regis (temp, incert.) c. 18.Customs of Gloucester and Kent.From "Nevertheless it is used " to the end of the chapter.
4 Edw. 3. c. 7.Executors shall have an action of trespass for a wrong done to their testator.The whole chapter.
25 Edw. 3. st. 5. c. 5.Executor3 of executors shall have the same rights and duties as the first executors.The whole chapter.
31 Edw. 3. st. 1. c. 11.The ordinary shall commit administration upon an intestacy. The administrators shall have the same rights and charges as executors.The whole chapter.
21 Hen. 8. c. 4.An Acte cononinge Executors of Laste Willes and TestamenteThe whole Act.
21 Hen. 8. c. 5.An Acte concninge Fynes & somes of Moneye to be taken by the Ministers of Busshops and other Ordinaries of Holye Churche for the pbate of Testamte.The whole Act.
32 Hen. 8. c. 37For recoving of Arrerage by Executes and Adnunistrators.Sections one, two and three.
1 Edw. 6. c. 12An Acte for the repeale of certaine statutes concerninge treasons, felonyes, &c.Section sixteen.
5 & 6 Edw. 6. c. 11.An Acte for the punyshment of divse treasons.Section eleven.
5 & 6 Edw. 6. c. 12.An Acte for the declaracon of a statute made for the marriage of Priestf and for the legitti-macon of their children.Section two.
43 Eliz. c. 8.An Acte against fraudulent ad-ministracon of intestates goodes.The whole Act.
12 Chas. 2. c. 1 24.An Acte taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and for settling a Revenue upon His Majesty in Lieu thereof.Section seven from "tenures in franke almoigne " to " nor to take away."
22 & 23 Chas. 2. c. 10.The Statute of DistributionThe whole Act.
29 Chas. 2. c. 3.The Statute of FraudsSections ten, eleven, twenty, three, twenty-four, so far as unrepealed.
30 Chas. 2. c. 7.An Act to enable creditors to recover their debts of the executors and administrators of executors in their own wrong.The whole Act.
1 Jas. 2. c. 17.An Act for reviveing and continuance of severall Acts of Parlyament therein mentioned.The whole Act.
4 Will. & Mar. c. 24.An Act for reviving, cotinuing and explaining several laws therein mentioned that are expired and neare expiring.Section twelve.
38 Geo. 3. c. 87.The Administration of Estates Act, 1798.The whole Act.
11 Geo. 4 & l Will. 4.c. 40.The Executors Act, 1830The whole Act.
11 Geo. 4. & 1 Will. 4. c. 47.The Debts Recovery Act, 1830The whole Act.
3 & 4 Will. 4. c. 27.The Real Property Limitation Act, 1833.Section forty-one.
3 & 4 Will. 4. c. 42.The Civil Procedure Act, 1833Sections two, thirty-seven and thirty-eight.
3 & 4 Will. 4. c. 74.The Fines and Recoveries Act, 1833.In section twenty-seven the words " no woman in " respect of her " dower and "
3 & 4 Will. 4. c. 104.The Administration of Estates Act, 1833.The whole Act.
3 & 4 Will. 4. c. 105.The Dower Act, 1833The whole Act.
2 & 3 Vict. c. 60.The Debts Recovery Act, 1839The whole Act.
11 & 12 Vict. c. 87.The Debts Recovery Act, 1848The whole Act
17 & 18 Vict. c. 113.The Real Estate Charges Act, 1854.The whole Act.
20 & 21 Vict. c. 77.The Court of Probate Act, 1857.Sections seventy to eighty.
21 & 22 Vict. c. 95.The Court of Probate Act, 1858Sections sixteen, eighteen, nineteen, twenty-one, and twenty-two.
22 & 23 Vict. c. 35.The Law of Property Amendment Act, 1859.Sections fourteen to eighteen.
30 & 31 Vict. c. 69.The Real Estate Charges Act, 1867.The whole Act.
32 & 33 Vict. c. 46.The Administration of Estates Act, 1869.The whole Act.
38 & 39 Vict. c. 77.The Supreme Court of Judicature Act, 1875.Section ten.
40 & 41 Vict. c. 34.The Real Estate Charges Act, 1877.The whole Act.
47 & 48 Vict. c. 71.The Intestates Estates Act, 1884The whole Act.
53 & 54 Vict. c. 29.The Intestates Estates Act, 1890.The whole Act.
4 & 5 Geo. 5. c. 59.The Bankruptcy Act, 1914Section one hundred and thirty.

PART IIRepeals applying where the Death occurred before or after the commencement of this act

Session and Chapter.Title or Short TitleExtent of Repeal.
10 & 11 Geo. 5. c. 81.The Administration of Justice Act, 1920.Section seventeen.
12 & 13 Geo. 5. c. 16.The Law of Property Act, 1922Subsection (7) of section one hundred and ten ; Part VIII. except section one hundred and fifty, two; and Part IX. except subsection (13) of section one hundred and fifty-six; and sub - paragraphs (2) and (3) of paragraph five of the Sixth Schedule.
15 Geo. 5. c. 5.The Law of Property (Amendment) Act, 1924.Section seven and the Seventh Schedule.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources