Administration of Estates Act 1925

PART IDevolution of Real Estate

1Devolution of real estate on personal representative

2Application to real estate of law affecting chattels real

3Interpretation of Part I

PART IIExecutors and Administrators

General Provisions

4Summons to executor to prove or renounce

5Cesser of right of executor to prove

6Withdrawal of renunciation

7Executor of executor represents original testator

8Right of proving executors to exercise powers

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

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

11Administration bonds

12Provisions as to the number of personal representatives

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

14Grant of representation to a trust corporation

15Executor not to act while administration is in force

16Administration pending litigation

17Continuance of legal proceedings after revocation of temporary administration

18Grant of special administration where personal representative is abroad

19Administration with will annexed

20Administration during minority of executor

21Rights and liabilities of administrator

Special Provisions as to Settled Land

22Special executors as respects settled land

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

24Power for special personal representatives to dispose of settled land

Duties, Rights, and Obligations

25Duty of personal representative as to inventory

26Rights of action by and against personal representative

27Protection of persons acting on probate or administration

28Liability of person fraudulently obtaining or retaining estate of deceased

29Liability of estate of personal representative

30Provisions applicable where administration granted to nominee of the Crown

31Power to make rules

PART IIIAdministration of Assets

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

33Trust for sale

34Administration of assets

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

36Effect of assent or conveyance by personal representative

37Validity of conveyance not affected by revocation of representation

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

39Powers of management

40Powers of personal representative for raising money, &c

41Powers of personal representative as to appropriation

42Power to appoint trustees of infants' property

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

44Power to postpone distribution

PART IVDistribution of Residuary Estate

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

46Succession to real and personal estate on intestacy

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

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

49Application to cases of partial intestacy

50Construction of documents

52Interpretation of Part IV

PART VSupplemental

53General savings

54Application of Act

57Application to Crown

58Short title, commencement and extent

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...

PART IIOrder 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...

SECOND SCHEDULEEnactments repealed

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

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

Royal arms

Administration of Estates Act 1925

1925 CHAPTER 23

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

[9th April 1925]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :—