Administration of Estates Act 1925 (c. 23)

Part IV E+W Distribution of Residuary Estate

Modifications etc. (not altering text)

C1 Pt. IV amended by Family Law Reform Act 1969 (c. 46), s. 14(3)

C2 Pt. IV (ss. 45–52) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 18(1)(2)(4)

49 Application to cases of partial intestacy. E+W

(1) Where any person dies leaving a will effectively disposing of part of his property, this Part of this Act shall have effect as respects the part of his property not so disposed of subject to the provisions contained in the will and subject to the following modifications:—

F1 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) The personal representative shall, subject to his rights and powers for the purposes of administration, be a trustee for the persons entitled under this Part of this Act in respect of the part of the estate not expressly disposed of unless it appears by the will that the personal representative is intended to take such part beneficially.

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

F1 ( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 49(1)(aa)(a)(2)(3) repealed (8.11.1995 with effect as mentioned in the note to the Schedule of the repealing Act) by 1995 c. 41, ss. 1(2)(b)(3), 5, Sch.

F2 S. 49(4) omitted (1.10.2014) by virtue of Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 4 para. 1(5) (with s. 12(4)); S.I. 2014/2039, art. 2

Modifications etc. (not altering text)

C3 S. 49 set out as amended by Intestates' Estates Act 1952 (c. 64) in Sch. 1 to that Act