Administration of Estates Act 1925

Administration of Estates Act 1925
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
Dates
Royal assent 9 April 1925
Commencement 1 January 1926
Other legislation
Replaces
  • Administration of Estates Acts 1798, 1833 and 1869
  • Debts Recovery Acts 1830, 1838 and 1848
  • Dower Act 1833
  • Executors Act 1830
  • Intestates Estates Acts 1884 and 1890
  • Real Estate Charges Acts 1854 and 1867
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

The Administration of Estates Act 1925 is a law passed in 1925 in England and Wales that changed the historical rules of inheritance for example gavelkind and primogeniture to that of modern-day norms.[1] This statute does not apply to Scotland or to Northern Ireland.

The law was tested when a son murdered his mother, she had not made a will and her son stood to inherit her entire estate from her death. The statute was clear in this case however, the son stood to benefit from his crime which would have been unjust. The Golden rule is used in cases where uses of the literal rule would result in an absurdity. The case in question was R v Sigsworth [1935]1 Ch 89 Judgement date: 1934-10-05,[2] and using the golden rule, the son did not inherit anything.[3][4]

See also

References

  1. Text of the Administration of Estates Act 1925 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk
  2. "Unlocking UK case citations". Oxford University - UK Law guide. Retrieved 18 May 2013.
  3. Sharon Hanson (2009). Legal Method, Skills and Reasoning. London: Routledge. p. 149. ISBN 978-0-415-45851-1.
  4. ICLR Case Reports: High Court Chancery Division. 1935 Vol. 1. The Incorporated Council for Law Reporting for England and Wales. p. 89.


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