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U.K.

Administration of Estates (Small Payments) Act 1965

1965 CHAPTER 32

An Act to provide for increasing the limits in enactments and instruments which allow property to be disposed of on death without probate or other proof of title, or in pursuance of a nomination made by the deceased; to extend certain of the said enactments relating to an intestate’s property to cases where the deceased leaves a will; and for connected purposes.

[5th August 1965]

Modifications etc. (not altering text)

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

Commencement Information

I1Act in force at 5.9.1965 as provided by s. 7(5).

1 Increase in amounts disposable on death without representation. U.K.

(1)In the enactments and instruments listed in Schedule 1 to this Act, of which—

(a)those listed in Part I are enactments authorising the disposal of property on death, without the necessity for probate or other proof of title, to persons appearing to be beneficially entitled thereto, to relatives or dependants of the deceased or to other persons described in the enactments, but subject to a limit which is in most cases £100 and which does not in any case exceed £100;

(b)those listed in Part II are enactments giving power to make rules or regulations containing corresponding provisions subject to a limit of £100; and

(c)those listed in Part III are such rules and regulations as aforesaid and instruments containing corresponding provisions made under other enactments and containing a limit which does not in any case exceed £200;

the said limit shall, subject to the provisions of that Schedule, in each case be £500 instead of the limit specified in the enactment or instrument; and for references to the said limits in those enactments and instruments there shall accordingly be substituted references to £500.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

Modifications etc. (not altering text)

C2Ss. 1, 2 amended by virtue of S.I. 1984/539, art. 2(a) to have effect so far as relating to any enactment as if for references to £500 there were substituted references to £5,000

2 Increase in amounts disposable on death by nomination. U.K.

(1)In the enactments and instrument listed in Schedule 2 to this Act (which enable a person by nomination to dispose of property on his death up to a limit of £100 or, in some cases, £200) the said limit shall, subject to the provisions of that Schedule, in each case be £500 instead of the limit specified in the enactments or instrument; and for references to the said limits in the said enactments and instrument there shall accordingly be substituted references to £500.

(2)This section shall apply in relation to any nomination delivered at or sent to the appropriate office, or made in the appropriate book, after the expiration of a period of one month beginning with the date on which this Act is passed.

Modifications etc. (not altering text)

C3Ss. 1, 2 amended by virtue of S.I. 1984/539, art. 2(a) to have effect so far as relating to any enactment as if for references to £500 there were substituted references to £5,000

3 Extension of certain enactments relating to intestacies to cases where deceased leaves a will.E+W+S

(1)The enactments mentioned in Schedule 3 to this Act (all of which are listed in Part I of Schedule 1 to this Act) shall have effect subject to the amendments in that Schedule, which are amendments extending the operation of those enactments to cases where the deceased leaves a will.

(2)This section shall not extend to Northern Ireland.

4 Estate duty.U.K.

(1)Section 25(2) of the M1Local Government Superannuation Act 1953 (under which a certificate as to estate duty may be required before a payment without representation is made under that section), section 24(4) of the M2Industrial and Provident Societies Act 1965 (under which a similar certificate is required before a payment is made on a nomination under that Act) and so much of section 61(11) of the M3London Midland and Scottish Railway Act 1924, section 99(12) of the M4Southern Railway Act 1924 and section 3(12) of the M5London and North Eastern Railway Act 1944 (which relate to the railway savings banks) as contains corresponding provisions shall cease to have effect.

(2)Nothing in this Act shall affect section 8(1) of the M6Finance Act 1894 (which applies, in relation to estate duty, certain provisions of the law relating to probate duty).

(3)In the last foregoing subsection the reference to the said section 8(1) includes a reference to that section as it applies in Northern Ireland; but, save as aforesaid, this section shall not extend to Northern Ireland.

Modifications etc. (not altering text)

C4S. 4(2)(3) repealed in relation to deaths occurring after 13.4.1975 and, so far as regards certain duties in relation to any death, by Finance Act 1975 (c. 7, SIF 63:1), ss. 52(2), 59, Sch. 13 Pt. I, note (with a saving in s. 52(3) in relation to repayment or allowance in respect of certain sums paid before 13.3.1975 on account)

Marginal Citations

5 Power to amend or repeal corresponding or superseded enactments.U.K.

(1)If it appears to the Treasury that any provision in an Act (including a local Act) passed before this Act corresponds to any provision amended by section 1 or section 2 of this Act [F2or to section 66(1) and (2), 67 or 68 of the Friendly Societies Act 1974][F3or to section 6(1) of the National Debt Act 1972] . . . F4 and contains a limit of less than £500, the Treasury may by order substitute a limit of £500 for the limit contained in that provision, but subject to such exceptions, if any, including exceptions as regards the operation of the order in Northern Ireland, the Isle of Man, the Channel Islands or any other place outside Great Britain as may be specified in the order; and an order under this subsection may make such consequential amendments in the Act to which it relates as appear to the Treasury to be expedient.

(2)If it appears to the Treasury that any provision in a local Act passed before the M7Local Government Superannuation Act 1953 is wholly or mainly superseded by section 25(1) of the said Act of 1953 as amended by section 1 of this Act, the Treasury may by order repeal that provision.

(3)An order under subsection (1) of this section amending a local Act may repeal any provision of that Act corresponding to any provision repealed by section 4 of this Act.

(4)No order shall be made under this section in respect of any provision in a local Act the Bill for which was promoted by a local authority except on the application of that authority or their successors.

(5)Any order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

6 Power to provide for further increases.U.K.

(1)The Treasury may from time to time by order direct that—

(a)sections 1 and 2 of this Act, so far as they relate to any enactment; and

(b) . . . F5, . . . F6 . . . F7 . . . F8[F9and section 68 of the M8Friendly Societies Act 1974] (which contain provisions similar to the enactments to which section 1 of this Act relates but subject to a limit of £500); and

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(d)section 6(1) of the M9National Debt Act 1972]; and

[F12(e)sections 66 and 67 of the said Act of 1974 (which contain provisions similar to the enactments to which section 2 of this Act relates but subject to a limit of of £500).]

shall have effect as if for references to £500 there were substituted references to such higher amount as may be specified in the order.

(2)Any order under this section shall apply in relation to deaths occurring after the expiration of a period of one month beginning with the date on which the order comes into force, except that, so far as section 2 of this Act has effect by virtue of any such order, subsection (2) of that section shall apply as if for the reference to the date on which this Act is passed there were substituted a reference to the date on which the order comes into force [F13and that any such order made by virtue of subsection (1)(e) of this section shall apply in relation to any nomination delivered at or sent to the appropriate office, or made in the appropriate book, after the expiration of a period of one month beginning with the date on which the order comes into force]

(3)Where an order under this section . . . F14 specifying any amount is in force, references in section 5(1) of this Act to £500 shall be construed as references to the amount specified in the order.

(4)Any order under this section may be revoked by a subsequent order and shall be made by statutory instrument; and no such order shall be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

Textual Amendments

F7Word repealed by Parliamentary and other Pensions Act 1972 (c. 48), s. 24(4)

F8Words repealed by Parliamentary and other Pensions Act 1987 (c. 45, SIF 89), s. 6, Sch. 4

F9Words inserted (1.4.1975) (E.W.)(S.) by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 20(a)

F13Words added (1.4.1975) (E.W.)(S.) by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 20(b)

Modifications etc. (not altering text)

C7S. 6(1) extended (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 18(4), 302.

S. 6(1) extended (with modifications) (1.4.1998) by S.I. 1998/633, art. J20(3)

Marginal Citations

7 Short title, interpretation, extent, commencement and repeals.U.K.

(1)This Act may be cited as the Administration of Estates (Small Payments) Act 1965.

(2)Any reference in this Act to an enactment or instrument shall be construed as including a reference to that enactment or instrument as amended, extended or applied by any other enactment or instrument.

(3)The amendment of any instrument by this Act shall be without prejudice to any power of amending or revoking that instrument.

(4)Save as otherwise expressly provided, so far as this Act amends or gives power to amend, or repeals, any provision which extends to any place outside Great Britain it shall have the same extent.

(5)Subject to sections 2(2) and 6(2) of this Act, this Act shall apply in relation to deaths occurring after the expiration of a period of one month beginning with the date on which it is passed.

(6)The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule, but this subsection shall not affect the operation of those enactments in relation to deaths occurring before the expiration of the said period.

SCHEDULES

Section 1.

SCHEDULE 1U.K. Statutory Provisions Authorising Disposal of Property on Death without Representation

Part IU.K. Enactments

Short title and chapterProvision amended by section 1
F15... F15...
F15... F15...
F16...F16...
The Navy and Marines (Property of Deceased) Act 1865 (28 & 29 Vict. c. 111).Sections 5, 6 and 8.
[F17The Provident Nominations and Small Intestacies Act 1883 (46 & 47 Vict. c. 47).][F17Section 7 except as it applies in Northern Ireland.]
The Great Western Railway Act 1885 (48 & 49 Vict. c. cxlvii).Section 45(8).
The Regimental Debts Act 1893 (56 & 57 Vict. c. 5).Sections 7 and 9 and, except in relation to liability to estate duty section 16.
F18... F18...
The Taff Vale Railway Act 1895 (58 & 59 Vict. c. cxxii).Section 18(10).
[F19The Friendly Societies Act 1896 (59 & 60 Vict. c. 25).][F19Section 58 except as it applies in Northern Ireland.]
The Superannuation (Ecclesiastical Commissioners and Queen Anne’s Bounty) Act 1914 (4 & 5 Geo. 5 c. 5).Section 7.
F20... F20...
The Constabulary (Ireland) Act 1922 (12 & 13 Geo. 5. c. 55).Paragraph 15(3) of Part II of the Schedule.
The London Midland and Scottish Railway Act 1924 (14 & 15 Geo. 5. c. liv).Section 61(11) except as it applies in Northern Ireland.
The Southern Railway Act 1924 (14 & 15 Geo. 5. c. lxvi).Section 99(12).
F20... F20...
The Government Annuities Act 1929 (19 & 20 Geo. 5. c. 29).Sections 21 and 57.
The Superannuation (Various Services) Act 1938 (1 & 2 Geo. 6. c. 13).Section 2.
The Greenwich Hospital Act 1942 (5 & 6 Geo. 6. c. 35).Section 2.
The London and North Eastern Railway Act 1944 (7 & 8 Geo. 6. c. x).Section 3(12)(b).
F21...F21...
The Local Government Superannuation Act 1953 (1 & 2 Eliz. 2. c. 25).Section 25(1).
F22... F22...
The Industrial and Provident Societies Act 1965 (1965 c. 12).Section 25.

Textual Amendments

F16Entry in Sch. 1 Pt. I repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 4

F19Entry repealed (E.W.S.) (1.4.1975) by Friendly Societies Act 1974 (c. 46), Sch. 11

F21Entry in Sch. 1 Pt. I repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 11

Part IIU.K. Enabling Enactments

Short title and chapterProvision amended by section 1
The Pensions and Yeomanry Pay Act 1884 (47 & 48 Vict. c. 55).Section 4.
The Elementary School Teachers (Superannuation) Act 1898 (61 & 62 Vict. c. 57).Section 6(1)(d).
. . . F23 . . . F23
. . . F24 . . . F24

Part IIIU.K. Instruments

Title and numberProvision amended by section 1
F25. . .F25. . .
Amended regulations dated 11th July 1907 and made by the Secretary of State for War under section 4 of the Pensions and Yeomanry Pay Act 1884.Paragraph 1.
F25. . .F25. . .
The Elementary School Teachers (Superannuation) Rules 1919 (S.R. & O. 1920/2298).Rule 15.
Regulations dated 27th November 1920 and made by the Secretary of State for Air under section 4 of the Pensions and Yeomanry Pay Act 1884 as applied to the Royal Air Force by the Air Force (Application of Enactments) (No. 2) Order 1918.Paragraph 1.
The Royal Irish Constabulary Pensions Order 1922 (S.R. & O. 1922/945).Article 15(3).
F25. . .F25. . .
F25. . .F25. . .
F25. . .F25. . .
Rules of the Supreme Court (Northern Ireland) 1936 (S.R. & O. 1936/70).Rule 12 of Order 22.
F25. . .F25. . .
Treasury Order dated 8th April 1938 prescribing certain public departments for the purposes of section 8 of the Superannuation Act 1887 and making regulations with respect to the distribution without probate under the said section of sums due from a public department (S.R. & O. 1938/303).Article 2 and the Schedule.
The Superannuation (Various Services) Regulations 1938 (S.R. & O. 1938/304).Article 1 and the Schedule.
F25. . .F25. . .
F25. . .F25. . .
The Navy and Marines (Property of Deceased) Order 1956 (S.I. 1956/1217).Article 16.
F25. . .F25. . .
F25. . .F25. . .
The Military Pensions (Commonwealth Relations Office) Regulations 1959 (S.I. 1959/735).Regulation 2 and the Schedule.
F25. . .F25. . .
F25. . .F25. . .
F25. . .F25. . .

Textual Amendments

F25Entries in Sch. 1 Pt. III repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Group1.

Section 2.

SCHEDULE 2U.K. Statutory Provisions authorising Disposal of Property on Death by Nomination

Title and chapter or serial numberProvision amended by section 2
F26. . .F26. . .
The Great Western Railway Act 1885 (48 & 49 Vict. c. cxlvii).Section 45(7).
The Taff Vale Railway Act 1895 (58 & 59 Vict. c. cxxii).Section 18(9).
[F27The Friendly Societies Act 1896 (59 & 60 Vict. c. 25).][F27Sections 56(1) and 57(1), except as they apply in Northern Ireland.]
The London Midland and Scottish Railway Act 1924 (14 & 15 Geo. 5. c. liv).Section 61(9).
The Southern Railway Act 1924 (14 & 15 Geo. 5. c. lxvi).Section 99(10).
F26. . .F26. . .
The Industrial and Provident Societies Act 1965 (1965 c. 12).Section 23(3)(c).

Textual Amendments

F26Entries in Sch. 2 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Group1.

F27Entry repealed (1.4.1975) (E.W.)(S.) by Friendly Societies Act 1974 (c. 46), Sch. 11

Section 3.

SCHEDULE 3E+W+S Extension of Enactments relating to Intestacies

Modifications etc. (not altering text)

C8The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F28...E+W+S

Textual Amendments

F28Entry in Sch. 3 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 4

F28...

F29...E+W+S

Textual Amendments

F29...

The Great Western Railway Act 1885 (48 & 49 Vict. c. cxlvii)E+W+S

In section 45(8) F30... after the words “without letters of administration” there shall be inserted the words “ or probate of any will ”.

Textual Amendments

The Taff Vale Railway Act 1895 (58 & 59 Vict. c. cxxii)E+W+S

In section 18(10) F31... after the words “without letters of administration” there shall be inserted the words “ or probate of any will ”.

Textual Amendments

F32...E+W+S

F32...

The London Midland and Scottish Railway Act 1924 (14 & 15 Geo. 5. c. liv)E+W+S

In section 61(11) F33... after the words “without letters of administration” there shall be inserted the words “ or probate of any will ”.

Textual Amendments

The Southern Railway Act 1924 (14 & 15 Geo. 5. c. lxvi)E+W+S

In section 99(12) F34... after the words “without letters of administration” there shall be inserted the words “ or probate of any will ”.

Textual Amendments

F35...E+W+S

F35...

F36...E+W+S

Textual Amendments

F36...

F37F37SCHEDULE 4U.K.

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

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