The Administration of Estates Act 1925 is an Act passed in 1925 by the
British Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
that consolidated, reformed, and simplified the rules relating to the
administration of estates in England and Wales.
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
Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more genera ...
as well.
With respect to the property of any estate (excepting
entailed interests), there were abolished:
:* all existing rules of descent (whether arising from the common law, custom,
gavelkind,
Borough English
Ultimogeniture, also known as postremogeniture or junior right, is the tradition of inheritance by the last-born of a privileged position in a parent's wealth or office. The tradition has been far rarer historically than primogeniture (sole inhe ...
or otherwise)
:*
tenancy by the curtesy and any other estate a husband may have where his wife dies intestate
:*
dower
Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settled on the bride (being gifted into trust) by agreement at the time of the wedding, or as provided by law. ...
,
freebench
"Free bench" is a legal term referring to an ancient manorial custom in parts of England whereby a widow, until she remarried, could retain tenure of her late husband's land.
:"Free Bench (Lat. ''francus bancus''). The widow's right to a copyhol ...
and any other estate a wife may have where her husband dies intestate
:*
escheat
Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a ...
to the Crown, the
Duchy of Lancaster
The Duchy of Lancaster is the private estate of the British sovereign as Duke of Lancaster. The principal purpose of the estate is to provide a source of independent income to the sovereign. The estate consists of a portfolio of lands, properti ...
, the
Duchy of Cornwall
The Duchy of Cornwall ( kw, Duketh Kernow) is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch obtains possession of the duchy and the title of 'Duke of Cornwall' at ...
, or to a
mesne lord
A mesne lord () was a lord in the feudal system who had vassals who held land from him, but who was himself the vassal of a higher lord. Owing to '' Quia Emptores'', the concept of a mesne lordship technically still exists today: the partitioni ...
The rules governing the distribution of intestate estates were replaced by a single statutory framework.
[Act, s. 46]
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
The Inheritance (Provision for Family and Dependants) Act 1975 is an Act of the United Kingdom Parliament concerning inheritance in England and Wales. It has been amended, for example to take into account civil partnerships.
Contents
This Act m ...
:*
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
In many legal jurisdictions, the manner of death is a determination, typically made by the coroner, medical examiner, police, or similar officials, and recorded as a vital statistic. Within the United States and the United Kingdom, a distinct ...
'' by
Dorothy L. Sayers, its commencement with respect to intestate estates providing the motive for a seemingly motiveless murder which
Lord Peter Wimsey
Lord Peter Death Bredon Wimsey (later 17th Duke of Denver) is the fictional protagonist in a series of detective novels and short stories by Dorothy L. Sayers (and their continuation by Jill Paton Walsh). A dilettante who solves mysteries fo ...
must solve.
See also
*
Administration of an estate on death
In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will.
Where a person dies leaving a will appointing ...
*
Ultimogeniture
Ultimogeniture, also known as postremogeniture or junior right, is the tradition of inheritance by the last-born of a privileged position in a parent's wealth or office. The tradition has been far rarer historically than primogeniture (sole inh ...
References
United Kingdom Acts of Parliament 1925
{{UK-statute-stub