The Administration of Estates Act 1925 (15 & 16 Geo. 5. c. 23) 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.
The Administration of Estates Act 1925 (15 & 16 Geo. 5. c. 23) 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.
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]
The rules governing the distribution of intestate estates were replaced by a single statutory framework. [3]
The Act has been subsequently amended in certain respects by the following:
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.
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.
Primogeniture is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative. In most contexts, it means the inheritance of the firstborn son ; it can also mean by the firstborn daughter, or firstborn child.
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 number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord.
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 where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, which vary by jurisdiction, refers to the body of law, establish a hierarchy for inheritance, typically prioritizing close relatives such as spouses, children, and then extended family members and determines who is entitled to the property from the estate under the rules of inheritance.
In common law and statutory law, a life estate is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death, when the property rights may revert to the original owner or to another person. The owner of a life estate is called a "life tenant". The person who will take over the rights upon death is said to have a "remainder" interest and is known as a "remainderman".
Wills have a lengthy history.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
A person's next of kin (NOK) may be that person's spouse, adopted family member or closest living blood relative. Some countries, such as the United States, have a legal definition of "next of kin". In other countries, such as the United Kingdom, "next of kin" may have no legal definition and may not necessarily refer to blood relatives at all.
Simultaneous death is a problem of inheritance which occurs when two people die at, or very near, the same time, and at least one of them is entitled to part or all of the other's estate on their death. This is usually the result of an un-natural death occurring from events such as an accident, a homicide, or a murder-suicide.
The slayer rule, in the U.S. law of inheritance, stops a person inheriting property from a person they murdered.
The Uniform Simultaneous Death Act is a uniform act enacted in some U.S. states to alleviate the problem of simultaneous death in determining inheritance.
The Married Women's Property Act 1882 was an act of the Parliament of the United Kingdom that significantly altered English law regarding the property rights of married women, which besides other matters allowed married women to own and control property in their own right.
Ultimus haeres is a concept in Scots law where if a person in Scotland who dies without leaving a will and has no blood relative who can be easily traced, the estate is claimed by the King's and Lord Treasurer's Remembrancer on behalf of the Crown. It is one of two rights to ownerless property that the Crown possess, the others being bona vacantia.
In civil and property law, hotchpot is the blending, combining or offsetting of property to ensure equality of a later division of property.
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.
The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend, codify and secularize the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her as absolute property and she is given full power to deal with it and dispose it of by will as she likes. Some parts of this Act were amended in December 2004 by the Hindu Succession (Amendment) Act, 2005.
The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons may have in a deceased's estate. It forms part of private law.
Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and Others; SA Human Rights Commission and Another v President of the RSA and Another was an important case in South African customary law.
The Custom of Paris was one of France's regional custumals of civil law. It was the law of the land in Paris and the surrounding region in the 16th–18th centuries and was applied to French overseas colonies, including New France. First written in 1507 and revised in 1580 and 1605, the Custom of Paris was a compilation and systematization of Renaissance-era customary law. Divided into 16 sections, it contained 362 articles concerning family and inheritance, property, and debt recovery. It was the main source of law in New France from the earliest settlement, but other provincial customs were sometimes invoked in the early period.
Intestate succession in South African law takes place whenever the deceased leaves property which has not been disposed of by valid testamentary instrument. In other words, the law of intestate succession applies only:
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