The Administration of Intestates' Estate Act 1685 (

1 Ja. 2 Private acts Sources * * * * * * * See also *List of acts of the Parliament of England References {{DEFAULTSORT:List of Acts of the Parliament of England, 1685 1685 Events January–March * January 6 & ...

. c. 17) was an act of the

Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the Great Council of England, great council of Lords Spi ...

that revived and continued various acts from the reign of King Charles II.

Background

In the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

, acts of Parliament remain in force until expressly repealed. Many acts of parliament, however, contained time-limited sunset clauses, requiring

legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...

to revive enactments that had expired or to continue enactments that would otherwise expire.

Provisions

Revived and continued enactments

Section 2 of the act revived the

Poor Relief Act 1662 The Poor Relief Act 1662 ( 14 Cha. 2. c. 12) was an act of the Cavalier Parliament of England. It was ''an Act for the Better Relief of the Poor of this Kingdom'' and is also known as the Settlement Act or the Settlement and Removal Act. The ...

( 13 & 14 Cha. 2. c. 12) and continued it until the end of the next session of parliament after 7 years from the start of the present session of parliament, except "what relates unto the Corporation therein mentioned and Constituted thereby". Section 3 of the act provided that the settlement of poor intended by the

( 13 & 14 Cha. 2. c. 12) would be accounted from a delivery of notice in writing to the

churchwarden A churchwarden is a lay official in a parish or congregation of the Anglican Communion, Lutheran Churches or Catholic Church, usually working as a part-time volunteer. In the Anglican tradition, holders of these positions are ''ex officio'' mem ...

overseer of the poor An overseer of the poor was an official who administered poor relief such as money, food, and clothing in England and various other countries which derived their law from England, such as the United States. England In England, overseers of the po ...

. Section 4 of the act made the Expenses of Sheriffs Act 1662 ( 13 & 14 Cha. 2. c. 21) perpetual. Section 5 of the act made the

Death between Verdict and Judgment Act 1665 Death is the end of life; the irreversible cessation of all biological functions that sustain a living organism. Death eventually and inevitably occurs in all organisms. The remains of a former organism normally begin to decompose shor ...

( 17 Cha. 2. c. 8), and the

Statute of Distribution The Statute of Distribution ( 22 & 23 Cha. 2. c. 10) was an act of the Parliament of England in 1670. It deals with the administration of intestate estates. Legacy The act was continued until the next session of parliament after 7 years by ...

( 22 & 23 Cha. 2. c. 10) as amended by section 29 of the

Statute of Frauds The Statute of Frauds ( 29 Cha. 2. c. 3) (1677) is an act of the Parliament of England. In its original form it required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property mu ...

( 29 Cha. 2. c. 3), both continued by the Continuance of Laws Act 1678 ( 30 Cha. 2. c. 6), perpetual. Section 6 of the act provided that from 24 July 1865,

administrators Administrator or admin may refer to: Job roles Computing and internet * Database administrator, a person who is responsible for the environmental aspects of a database * Forum administrator, one who oversees discussions on an Internet forum * N ...

would not be required to create an account of the estate, except by an inventory, unless compelled by interested parties. Section 7 of the act provided that the brother and sister of an

intestate Intestacy is the condition of the estate of a person who dies without a legally valid will, resulting in the distribution of their estate under statutory intestacy laws rather than by their expressed wishes. Alternatively this may also apply ...

would share equally with the mother. Section 8 of the act clarified that the provisions in the

( 22 & 23 Cha. 2. c. 10) for customs of London and York would not extend to an intestate's estate claimed by an administrator in his legal capacity as an administrator ("Administrator quatenus Administrator"). Section 9 of the act continued the

Exchequer Orders Act 1667 In the civil service of the United Kingdom, His Majesty's Exchequer, or just the Exchequer, is the accounting process of central government and the government's '' current account'' (i.e., money held from taxation and other government revenues) ...

( 19 & 20 Cha. 2. c. 4) until the end of the next session of parliament after 7 years from the start of the present session of parliament. Section 10 of the act continued the

Sale of Cattle Act 1670 Sale may refer to: Common meanings * Sales, the exchange of goods for profits * Sales, discounts and allowances in the prices of goods Places * Sale (Thrace), an ancient Greek city * Republic of Salé, a 17th-century corsair city-state on the Mo ...

( 22 & 23 Cha. 2. c. 19) until the end of the next session of parliament after 7 years from 24 June 1685, but provided that anything "contained shall not extend to Salemen or Factors imployed by Farmers or Feeders". Section 11 of the act continued the

Fines and Forfeitures Act 1670 Fines may refer to: * Fines, Andalusia, Spanish municipality *Fine (penalty) * Fine, a dated term for a premium on a lease of land, a large sum the tenant pays to commute (lessen) the rent throughout the term * Fines, ore or other products with a s ...

( 22 & 23 Cha. 2. c. 22) until the end of the next session of parliament after 7 years from the start of the present session of parliament. Section 12 of the act continued the Navy Act 1670 ( 22 & 23 Cha. 2. c. 23) until the end of the next session of parliament after 7 years from the start of the present session of parliament. Section 13 of the act continued the

Tobacco Planting and Plantation Trade Act 1670 The Navigation Acts, or more broadly the Acts of Trade and Navigation, were a series of English laws that developed, promoted, and regulated English ships, shipping, trade, and commerce with other countries and with its own colonies. The laws al ...

( 22 & 23 Cha. 2. c. 26) until the end of the next session of parliament after 7 years from the start of the present session of parliament. Section 14 of the act continued the Executors of Executors (Waste) Act 1678 ( 30 Cha. 2. c. 7) until the end of the next session of parliament after 7 years from the start of the present session of parliament. Section 15 of the act continued the

Licensing of the Press Act 1662 The Licensing of the Press Act 1662 ( 14 Cha. 2. c. 33) was an act of the Parliament of England with the long title ''An Act for preventing the frequent Abuses in printing seditious treasonable and unlicensed Books and Pamphlets and for reg ...

( 13 & 14 Cha. 2. c. 33) until the end of the next session of parliament after 7 years from 24 June 1685.

Legacy

Several acts continued by the act were further continued by the

Estreats (Personal Representatives) Act 1692 The Estreats (Personal Representatives) Act 1692 (4 Will. & Mar. c. 24) was an Act of Parliament (United Kingdom), act of the Parliament of England that continued various older acts. Background In the United Kingdom, Act of Parliament (Unite ...

( 4 Will. & Mar. c. 24). The

Select Committee on Temporary Laws, Expired or Expiring The Select Committee on Temporary Laws, Expired or Expiring was a select committee of the House of Commons of the Parliament of Great Britain appointed in 1796 to inspect and consider all the temporary laws of a public nature, which were expi ...

, appointed in 1796, inspected and considered all temporary laws, observing irregularities in the construction of expiring laws continuance acts, making recommendations and emphasising the importance of the

Committee for Expired and Expiring Laws A committee or commission is a body of one or more persons subordinate to a deliberative assembly or other form of organization. A committee may not itself be considered to be a form of assembly or a decision-making body. Usually, an assembly o ...

. The whole act was repealed by section 56 of, and part I of the second schedule to, the

Administration of Estates Act 1925 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 ...

( 15 & 16 Geo. 5. c. 23).

Notes

References

External links

* {{Authority control Acts of the Parliament of England 1685 Repealed English legislation Inheritance law in the United Kingdom Wills and trusts Expiring laws continuance acts