Administration of Estates Act 1925
The Administration of Estates Act 1925 is an Act passed in 1925 by the British Parliament that consolidated, reformed, and simplified the rules relating to the administration of estates in England and Wales.
Act of Parliament | |
Long title | An Act to consolidate Enactments relating to the Administration of the Estates of Deceased Persons |
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Citation | 15 & 16 Geo. 5 c.23 |
Territorial extent | England and Wales |
Dates | |
Royal assent | 9 April 1925 |
Commencement | 1 January 1926 |
Other legislation | |
Repeals |
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Status: Amended | |
Text of statute as originally enacted | |
Revised text of statute as amended |
Principal reforms
All authority that a personal representative had with respect to chattels real (such as fixtures) was extended to cover any matter dealing with real estate as well.[1]
With respect to the property of any estate (excepting entailed interests), there were abolished:[2]
- all existing rules of descent (whether arising from the common law, custom, gavelkind, Borough English or otherwise)
- tenancy by the curtesy and any other estate a husband may have where his wife dies intestate
- dower, freebench and any other estate a wife may have where her husband dies intestate
- escheat to the Crown, the Duchy of Lancaster, the Duchy of Cornwall, or to a mesne lord
The rules governing the distribution of intestate estates were replaced by a single statutory framework.[3]
Later significant amendments
The Act has been subsequently amended in certain respects by the following:
- Intestates’ Estates Act 1952
- Inheritance (Provision for Family and Dependants) Act 1975
- Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011
- Inheritance and Trustees' Powers Act 2014
In fiction
The Act plays a major role (as the 'Property Act') in the 1927 mystery novel Unnatural Death by Dorothy L. Sayers, its commencement with respect to intestate estates providing the motive for a seemingly motiveless murder which Lord Peter Wimsey must solve.
References
- Act, s. 2
- Act, s. 45
- Act, s. 46