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Revised Statute from The UK Statute Law Database

Administration of Estates Act 1925 (c. 23)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2007 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

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Administration of Estates Act 1925

1925 CHAPTER 23 15_and_16_Geo_5

Contents

Go to Preamble

  1. 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

  2. Part II

    Executors and Administrators

    1. General Provisions

      1. 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      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 in Public Trustee where intestacy or lack of executors

      7. 10—14... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

      9. 16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

      11. 18—20... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      12. 21. Rights and liabilities of administrator

      13. 21A. Debtor who becomes creditor’s executor by representation or administrator to account for debt to estate

    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 representatives

      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

  3. 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

  4. 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. 47A. Right of surviving spouse to have own life interest redeemed

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

    6. 49. Application to cases of partial intestacy

    7. 50. Construction of documents

    8. 51. Savings

    9. 52. Interpretation of Part IV

  5. 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

  6. FIRST SCHEDULE

  7. SECOND SCHEDULE

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

[9th April 1925]

Annotations:

Modifications etc. (not altering text)

C1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C2A dagger appended to a marginal note means that it is no longer accurate

Commencement Information

I1Act wholly in force at 1.1.1926 by s. 58(2) (which subsection is now repealed)