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Administration of Estates Act, 1925. - legislation

Administration of Estates Act, 1925. [15 GEo. 5. CH. 23.]. ARRANGEMENT OF SECTIONS. 1925. PART I. DEVOLUTION OF REAL estate . Section. 1. Devolution of real estate on personal representative. 2. Application to real estate of law affecting chattels real. 3. Interpretation of Part I. PART II. EXEOUTORS AND ADMINISTRATORS. General Provisions. 4. Summons to executor to prove or renounce. 5. Cesser of right of executor to prove. 6. Withdrawal of renunciation. 7. Executor of executor represents original testator. 8. Right of proving executors to exercise powers. 9. Vesting of estate of intestate between death and grant of Administration . 10. Discretion of court as to persons to whom admini- stration is to be granted.

Administration of Estates Act, 1925. [15 GEo. 5. CH. 23.] ARRANGEMENT OF SECTIONS. A.D. 1925. PART I. DEVOLUTION OF REAL ESTATE. Section. 1. Devolution of real estate on personal representative.

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Transcription of Administration of Estates Act, 1925. - legislation

1 Administration of Estates Act, 1925. [15 GEo. 5. CH. 23.]. ARRANGEMENT OF SECTIONS. 1925. PART I. DEVOLUTION OF REAL estate . Section. 1. Devolution of real estate on personal representative. 2. Application to real estate of law affecting chattels real. 3. Interpretation of Part I. PART II. EXEOUTORS AND ADMINISTRATORS. General Provisions. 4. Summons to executor to prove or renounce. 5. Cesser of right of executor to prove. 6. Withdrawal of renunciation. 7. Executor of executor represents original testator. 8. Right of proving executors to exercise powers. 9. Vesting of estate of intestate between death and grant of Administration . 10. Discretion of court as to persons to whom admini- stration is to be granted.

2 11. Administration bonds. 12. Provisions as to the number of personal representa- tives. Power to grant representation of real and personal estate separately or together. 14. Grant of representation to a trust corporation. 15. Executor not to act while Administration is in force. 16. Administration pending litigation. [Cs. 23.] Administration of Estates [15 Gao. 5.]. Act, 1925. 1925. Section. 17. Continuance of legal proceedings after revocation of temporary Administration . 18. Grant of special Administration where personal representative is abroad. 19. Administration with will annexed. 20. Administration during minority of executor. 21. Rights and liabilities of administrator.

3 Special Provisions as to Settled Land. 22. Special executors as respects settled land. 23. Provisions where, as respects settled land, repre- sentation is not granted to the trustees of the settlement. 24. Power for special personal representatives to dispose of settled land. Duties, Rights, and Obligations. 25. Duty of personal representative as to inventory. 26. Rights of action by and against personal repre- sentative. 27. Protection of persons acting on probate or admini- stration. 28. Liability of person fraudulently obtaining or re- taining estate of deceased. 29. Liability of estate of personal representative. 30. Provisions applicable where Administration granted to nominee of the Crown.

4 31. Power to make rules. PART III. Administration ON ASSETS. 32. Real and personal estate of deceased are assets for payment of debts. 33. Trust for sale. 34. Administration of assets. 35. Charges on property of deceased to be paid primarily, out of the property chaxged. 36. Effect of assent or conveyance by personal repre- sentative. 37. Validity of conveyance not affected by revocation of representation. ii [15 GEO. 5.] Administration of Estates {C$. 23.]. Act, 1925. Section. 38. Right to follow property and powers of the court in relation thereto. -' W215, 39.' Powers of management. 40. Powers of personal representative for raising money, &c. 41. Powers of personal representative as to appropria- tion.}

5 42. Power to appoint trustees of infants' property. 43. Obligations of personal representative as to giving possession of land and powers of the court. 44. Power to postpone distribution. PART IV. DISTRIBUTION OF RESIDUARY estate . 45. Abolition of descent to heir, curtesy, dower and escheat. 46. Succession to real and personal estate on intestacy. 47. Statutory trusts in favour of issue and other classes of relatives of intestate. 48. Powers of personal representative in respect of interests of surviving spouse. 49. Application to cases of partial intestacy. 50. Construction of documents. 51. Savings. 52. Interpretation of Part IV. PART V. SUPPLEMENTAL.

6 53. General savings. 54. Application of Act. 55. Definitions. 56. Repeal. 57. Application to Crown. 58. Short title, commencement and extent. SOMMUr Es. A 2 lii [15 GEo. 5.] Administration of Estates [Cs. 23.]. Act, 1925. CHAPTER 23. An Act to consolidate Enactments relating to the 1925. Administration of the Estates of Deceased Persons. [9th April 1925.]. B E 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:- PART I. DEVOLUTION OF REAL estate . (1) Real estate to which a deceased person Devolution was entitled for an interest not ceasing on his death shall of real estate on personal on his death, and notwithstanding any testamentary dis- represen- position thereof, devolve from time to time on the personal tative.

7 Representative of the deceased, in like manner as before the commencement of this Act chattels real devolved on the personal representative from time to time of a deceased person. (2) The personal representatives for the time being of a deceased person are deemed in law his heirs and assigns within the meaning of all trusts and powers. (3) The personal representatives shall be the repre- sentative of the deceased in regard to his real estate to 27597-13 - 1. [CH. 23.] .dmini8 ration of Estatee [15 Gao. 5.]. Act, 1925. - which he was entitled for an interest not ceasing on his death as well as in regard to his personal estate . Application (1) Subject to the provisions of this Act, all to enactments and ruleA of law, and all jurisdiction of any estate of court with respect to the appointment of administrators law affecting or to probate or letters of Administration , or to dealings chattels before probate in the case of chattels real, and with real.

8 Respect to costs and other matters in the Administration of personal estate , in force before the commencement of this Act, and all powers, duties, rights, equities, obligations, and liabilities of a personal representative in force at the commencement of this Act with respect to chattels. real, shall apply and attach to the personal representative and shall have effect with respect to real estate vested in him, and in particular all such powers of disposition and dealing as were before the commencement of this Act exercisable as respects chattels real by the survivor or survivors of two or more personal representatives, as well as by a single personal representative, or by all the personal representatives together, shall be exercisable by the personal represen- tatives or representative of the deceased with respect to his real estate .

9 (2) Where as respects real estate there are two or more personal representatives, a conveyance of real estate devolving under this Part of this Act shall not, save as otherwise provided as respects trust Estates including . settled land, be made without the concurrence therein of all such representatives or an order of the court, but where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the other or others to prove, any conveyance of the real estate may be made by the proving executor or executors for the time being, without an .order of the court, and shall be as effectual as if all the persons named as executors had concurred therein.

10 (3) Without prejudice to the rights and powers of a personal representative, the appointment of a personal representative in regard to real estate shall not, save as hereinafter provided, affect- (a) any rule as to marshalling or as to Administration of assets;. 2. 15 GEo. 5.] Administration of Estates [On. 23.]. Act, 1925. in real estate under any (b) the beneficial interest testamentary disposition ; - 1925. (c) any mode of dealing with any beneficial interest in, real estate , or the proceeds of sale thereof ;. (d) the right of any person claiming to be interested in the real estate to take proceedings for the protection or recovery thereof against any person other than the personal representative.


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