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William Dalrymple (historian)
| Act of Parliament | |
 | |
| Long title | An Act to consolidate Enactments relating to the Administration of the Estates of Deceased Persons |
|---|---|
| Citation | 15 & 16 Geo. 5. c. 23 |
| Territorial extent | England and Wales[b] |
| Dates | |
| Royal assent | 9 April 1925 |
| Commencement | 1 January 1926[c] |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes | See § Repealed enactments |
| Amended by | |
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Administration of Estates Act 1925 (15 & 16 Geo. 5. c. 23) is an act of the Parliament of the United Kingdom that consolidated, reformed, and simplified the rules relating to the administration of estates in England and Wales.
Principal reforms
Section 2 of the act extended all authority that a personal representative had with respect to chattels real (such as fixtures) to cover any matter dealing with real estate .
Section 45 of the act abolished the following, respect to the property of any estate (excepting entailed interests):
- 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
Section 46 of the act replaced the rules governing the distribution of intestate estates with a single statutory framework.
Repealed enactments
Section 56 of the act repealed 47 enactments, listed in the second schedule to the act. However, repeals listed in part I of the second schedule would not affect cases where the death occurred before the commencement of the act, whereas the repeals listed in part II would apply generally.
| Citation | Short title | Description | Extent of repeal |
|---|---|---|---|
| 13 Edw. 1. (Stat. Westm. sec.) c. 19 | Administration of Estates Act 1285 | The ordinary chargeable to pay the debts of an intestate. | The whole chapter. |
| 13 Edw. 1. (Stat. Westm. sec.) c. 23 | Executors; writ of accompt | Writ of accompt for executors | The whole chapter. |
| 13 Edw. 1. (Stat. Westm. sec.) c. 34 | Forfeiture of Dower, etc. Act 1285 | Dower forfeited by elopement with adulterer. | From " and if a wife willingly leave her husband " to " in which case she shall be re-stored to her action." |
| 25 Edw. 1. c. 7. | Dower Act 1297 | Widow; her marriage estate; quarantine; estovers; dower; re-marriage. | The whole chapter. |
| 25 Edw. 1. c. 18. | Crown debt | The King's tenant, his debtor | From " and the residue" to "reasonable parts." |
| Statute (temp, incert.). | Statutum de Tenentibus per legem Anglie | Statute concerning tenants by the Curtesy of England. | The whole statute. |
| Statute Prerogativa Regis (temp, incert.) c. 18. | Crown Forfeitures Act 1324 | Customs of Gloucester and Kent. | From "Nevertheless it is used " to the end of the chapter. |
| 4 Edw. 3. c. 7. | Executors' action for trespass | Executors shall have an action of trespass for a wrong done to their testator. | The whole chapter. |
| 25 Edw. 3. st. 5. c. 5. | Executors of executors | Executors of executors shall have the same rights and duties as the first executors. | The whole chapter. |
| 31 Edw. 3. st. 1. c. 11. | Administration of Estates Act 1357 | The ordinary shall commit administration upon an intestacy. The administrators shall have the same rights and charges as executors. | The whole chapter. |
| 21 Hen. 8. c. 4. | Executors Act 1529 | An Acte cononinge Executors of Laste Willes and Testamente | The whole act. |
| 21 Hen. 8. c. 5. | Probate Fees, Inventories, etc. Act 1529 | An Acte concninge Fynes & somes of Moneye to be taken by the Ministers of Busshops and other Ordinaries of Holye Churche for the pbate of Testamte. | The whole act. |
| 32 Hen. 8. c. 37 | Cestui que vie Act 1540 | For recoving of Arrerage by Executes and Adnunistrators. | Sections one, two and three. |
| 1 Edw. 6. c. 12 | Treason Act 1547 | An Acte for the repeale of certaine statutes concerninge treasons, felonyes, &c. | Section sixteen. |
| 5 & 6 Edw. 6. c. 11. | Treason Act 1551 | An Acte for the punyshment of divse treasons. | Section eleven. |
| 5 & 6 Edw. 6. c. 12. | Clergy Marriage Act 1551 | An Acte for the declaracon of a statute made for the marriage of Priests and for the legitti-macon of their children. | Section two. |
| 43 Eliz. c. 8. | Fraudulent Administration of Intestates' Goods Act 1601 | An Acte against fraudulent ad-ministracon of intestates goodes. | The whole act. |
| 12 Chas. 2. c. 24. | Tenures Abolition Act 1660 | An Acte taking away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance and for settling a Revenue upon His Majesty in Lieu thereof. | Section seven from "tenures in franke almoigne " to " nor to take away." |
| 22 & 23 Chas. 2. c. 10. | Statute of Distribution | The Statute of Distribution | The whole act. |
| 29 Chas. 2. c. 3. | Statute of Frauds | The Statute of Frauds | Sections ten, eleven, twenty, three, twenty-four, so far as unrepealed. |
| 30 Chas. 2. c. 7. | Executors of Executors (Waste) Act 1678 | An Act to enable creditors to recover their debts of the executors and administrators of executors in their own wrong. | The whole act. |
| 1 Jas. 2. c. 17. | Administration of Intestates' Estate Act 1685 | An Act for reviveing and continuance of severall Acts of Parlyament therein mentioned. | The whole act. |
| 4 Will. & Mar. c. 24. | Estreats (Personal Representatives) Act 1692 | An Act for reviving, cotinuing and explaining several laws therein mentioned that are expired and neare expiring. | Section twelve. |
| 38 Geo. 3. c. 87. | Administration of Estates Act 1798 | The Administration of Estates Act, 1798. | The whole act. |
| 11 Geo. 4 & 1 Will. 4. c. 40. | Executors Act 1830 | The Executors Act, 1830 | The whole act. |
| 11 Geo. 4. & 1 Will. 4. c. 47. | Debts Recovery Act 1830 | The Debts Recovery Act, 1830 | The whole act. |
| 3 & 4 Will. 4. c. 27. | Real Property Limitation Act 1833 | The Real Property Limitation Act, 1833. | Section forty-one. |
| 3 & 4 Will. 4. c. 42. | Civil Procedure Act 1833 | The Civil Procedure Act, 1833 | Sections two, thirty-seven and thirty-eight. |
| 3 & 4 Will. 4. c. 74. | Fines and Recoveries Act 1833 | The Fines and Recoveries Act, 1833. | In section twenty-seven the words " no woman in respect of her dower and " |
| 3 & 4 Will. 4. c. 104. | Administration of Estates Act 1833 | The Administration of Estates Act, 1833. | The whole act. |
| 3 & 4 Will. 4. c. 105. | Dower Act 1833 | The Dower Act, 1833 | The whole act. |
| 2 & 3 Vict. c. 60. | Debts Recovery Act 1839 | The Debts Recovery Act, 1839 | The whole act. |
| 11 & 12 Vict. c. 87. | Debts Recovery Act 1848 | The Debts Recovery Act, 1848 | The whole act. |
| 17 & 18 Vict. c. 113. | Real Estate Charges Act 1854 | The Real Estate Charges Act, 1854. | The whole act. |
| 20 & 21 Vict. c. 77. | Court of Probate Act 1857 | The Court of Probate Act, 1857. | Sections seventy to eighty. |
| 21 & 22 Vict. c. 95. | Court of Probate Act 1858 | The Court of Probate Act, 1858 | Sections sixteen, eighteen, nineteen, twenty-one, and twenty-two. |
| 22 & 23 Vict. c. 35. | Law of Property Amendment Act 1859 | The Law of Property Amendment Act, 1859. | Sections fourteen to eighteen. |
| 30 & 31 Vict. c. 69. | Real Estate Charges Act 1867 | The Real Estate Charges Act, 1867. | The whole act. |
| 32 & 33 Vict. c. 46. | Administration of Estates Act 1869 | The Administration of Estates Act, 1869. | The whole act. |
| 38 & 39 Vict. c. 77. | Supreme Court of Judicature Act 1875 | The Supreme Court of Judicature Act, 1875. | Section ten. |
| 40 & 41 Vict. c. 34. | Real Estate Charges Act 1877 | The Real Estate Charges Act, 1877. | The whole act. |
| 47 & 48 Vict. c. 71. | Intestates Estates Act 1884 | The Intestates Estates Act, 1884 | The whole act. |
| 53 & 54 Vict. c. 29. | Intestates' Estates Act 1890 | The Intestates Estates Act, 1890. | The whole act. |
| 4 & 5 Geo. 5. c. 59. | Bankruptcy Act 1914 | The Bankruptcy Act, 1914 | Section one hundred and thirty. |
| Citation | Short title | Description | Extent of repeal |
|---|---|---|---|
| 10 & 11 Geo. 5. c. 81 | Administration of Justice Act 1920 | The Administration of Justice Act, 1920. | Section seventeen. |
| 12 & 13 Geo. 5. c. 16 | Law of Property Act 1922 | The Law of Property Act, 1922. | Subsection (7) of section one hundred and ten ; Part VIII. except section one hundred and fifty, two; and Part IX. except subsection (13) of section one hundred and fifty-six; and sub - paragraphs (2) and (3) of paragraph five of the Sixth Schedule. |
| 15 & 16 Geo. 5. c. 5[d] | Law of Property (Amendment) Act 1924 | The Law of Property (Amendment) Act, 1924. | Section seven and the Seventh Schedule. |
Short title, commencement and extent
Section 58(1) of the act provided that the act may be cited as the Administration of Estates Act, 1925.
Section 58(2) of the act provided that the act would come into force on 1 January 1926.
Section 58(3) of the act provided that the act extended to England and Wales only.
Later significant amendments
The act has been subsequently amended in certain respects by the following:
- Intestates' Estates Act 1952 (15 & 16 Geo. 6 & 1 Eliz. 2. c. 64)
- Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)
- Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 (c. 7)
- Inheritance and Trustees' Powers Act 2014 (c. 16)
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.