An Act to consolidate Enactments relating to the Administration of Estates of Deceased Persons

Succession to real and personal estate on intestacy

46.--(1) The residuary estate of an intestate shall be distributed in the manner or be held on the trusts mentioned in this section, namely:--

Table

If the intestate--

(1) leaves-- (a) no issue, and (b) No parent, or brother or sister of the whole blood, or issue of a brother or sister of the whole blood	the residuary estate shall be held in trust for the surviving husband or wife absolutely.
(2) leaves issue (whether or not persons mentioned in subparagraph (b) above also survive)	the surviving husband or wife shall take the personal chattels absolutely, and in addition, the residuary estate of the intestate (other than the personal chattels) shall stand charged with the payment of a fixed net sum, free of death duties and costs, to the surviving husband or wife with interest thereon from the date of the death at such rate as the Lord Chancellor may specify by order until paid or appropriated, and, subject to providing for that sum and the interest thereon, the residuary estate (other than the personal chattels) shall be held-- (a) as to one half upon trust for the surviving husband or wife during his or her life, and, subject to such life interest, on the stautory trusts for the issue of the intestate, and [b) as to the other half, on the statutory trusts for the issue of the intestate.
(3) leaves one or more of the following, that is to say, a parent, a brother or sister of the whole blood, or issue of a brother or sister of the whole blood, but leaves no issue	the surviving husband or wife shall take the personal chattels absolutely and, in addition, the residuary estate of the intestate (other than the personal chattels) shall stand charged with the payment of a fixed net sum, free of death duties and costs, to the surviving husband or wife with interest thereon from the date of death at such rate as the Lord Chancellor may specify by order until paid or appropriated, and subject to providing for that sum and the interest thereon, the residuary estate (other than the personal chattels) shall be held-- (a) as to one half in trust for the surviving husband or wife absolutely, and (b) as to the other half-- (i) where the intestate leaves one parent or both parents (whether or not brothers or sisters of the intestate or their issue also survive) in trust for the parent absolutely or, as the acse may be, for the two parents in equal shares absolutely (ii) where the intestate leaves no parent, on the statutory trusts for the brothers and sisters of the whole blood of the intestate.

The fixed net sums referred to in paragraphs (2) and (3) of this Table shall be of the amounts provided by or under section 1 of the Family Provision Act 1966

(ii) If the intestate leaves issue but no husband or wife, the residuary estate of the intestate shall be held on the statutory trusts for the issue of the intestate;

(iii) If the intestate leaves no husband or wife and no issue but both parents, then the residuary estate of the intestate shall be held on trust for the father and mother in equal shares absolutely;

(iv) If the intestate leaves no husband or wife and no issue but one parent, then the residuary estate of the intestate shall be held in trust for the surviving father or mother absolutely;

(v) If the intestate leaves no husband or wife and no issue and no parent, then the residuary estate shall be held in trust for the following persons living at the death of the intestate, and in the following order and manner, namely:--

First, on the statutory trusts for the brothers and sisters of the whole blood of the intestate; but if no person takes an absolutely vested interest under such trusts; then

Secondly, on the statutory trusts for the brothers and sisters of the half blood of the intestate; but if no person takes an absolutely vested interest under such trusts; then

Thirdly, for the grandparents of the intestate and, if more than one survive the intestate in equal shares; but if there is no member of this class; then

Fourthly, on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the whole blood of a parent of the intestate); but if no person takes an absolutely vested interest under such trusts; then

Fifthly, on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the half blood of a parent of the intestate)

(vi) In default of any person taking an absolute interest under the foregoing provisions, the residuary estate of the intestate shall belong to the Crown or to the Duchy of Lancaster or to the Duke of Cornwall for the time being, as the case may be, as bona vacantia, and in lieu of any right to escheat

The Crown or the said Duchy or the said Duke may (without prejudice to the powers reserved by section nine of the Civil List Act 19100, or any oter powers), out of the whole or any part of the property devolving on them respectively, provide, in accordance with the existing practice, for dependents, whether kindred or not, of the intestate, and other persons for whom the intestate might reasonably have been expected to make provision.

(1A) The power to make orders under subsection (1) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and any such order may be varied or revoked by a subsequent order made under this power.

(2) A husband or wife shall for all purposes of distribution or division under the foregoing provisions of this section be treated as two persons.

(3) Where the intestate and the intestate's husband or wife have died in circumstances rendering it uncertain which of them survived the other and the intestate's husband or wife is by virtue of section one hundred and eighty-four of the Law of Property Act 1925, deemed to have survived the intestate, this section shall, nevertheless, have effect as respects the intestate as if the husband or wife had noot survived the intestate.

(4) The interest payable on the fixed net sum payable to a surviving husband or wife shall be primarily payable out of income. ===46.=== ---47.---

Statutory trusts in favour of issue and other classes of relatives of intestate

47.--(1) Where under this Part of this Act the residuary state of an intestate, or any part thereof, is directed to be held on the statutory trusts for the issue of the intestate, the same shall be held upon the following trusts, namely:--

(i) In trust, in equal shares if more than one, for all or any the children or child of the intestate, living at the death of the intestate, who attain the age of [eighteen] years or marry under that age, and for all or any of the issue living at the death of the intestate who attain the age of [eighteen] years or marry under that age of any child of the intestate who predeceases the intestate, such issue to take through all degrees, according to their stocks, in equal shares if more than one, the share which their parent would have taken if living at the death of the intestate, and so that no issue shall take whose parent is living at the death of the intestate and so capable of taking;

(ii) The statutory power of advancement, and the statutory provision which and accumulation of surplus income shall apply, but where an infant marries such an infant shall be entitled to give valid receipts for the income of the infant's share of interest;

(iii) Where the property held on the statutory trusts for issue is divisible into shares, then any money or property which, by way of advancement or on the marriage of a child of the intestate, has for the benefit of such child (including any life or less interest and including property covenanted to be paid of settled) shall, subject to any contrary intention expressed or appearing from the circumstances of the case, be taken as being so paid or settled in or towards satisfaction of the share of such child or the share which such child would have taken if living at the death of the intestate, and shall be brought into account, at a valuation (the value to be reckoned as at the death of the intestate), in accordance with the requirements of the personal representatives;

(iv) The personal representatives may permit any infant contingently interested to have the use and enjoyment of any personal chattels in such manner and subject to such conditions (if any) as the personal representatives may consider reasonable, and without being liable to account for any consequential loss.

(2) If the trusts in favour of the issue of the intestate fail by reason of no child or other issue attaining an absolute vested interest--

(a) the residuary estate of the intestate and the income thereof and all statutory accumulations, if any, of the income thereof, or so much thereof as may not have been paid or applied under any power affecting the same, shall go, devolve and be held under the provisions of this Part of this Act as if the intestate had died without leaving issue living at the death of the intestate;

(b) references in this Part of the Act to the intestate "leaving no issue" shall be construed as "leaving no issue who attain an absolutely vested interest";

(c) references in this Part of the Act to the intestate "leaving issue" or "leaving a child or other issue" shall be construed as "leaving issue who attain an absolutely vested interest."

(3) Where under this Part of the Act the residuary estate of an intestate or any part thereof is directed to be held on the statutory trusts for any class of relatives of the intestate, other than the issue of the intestate the same shall be held on the trusts corresponding to the statutory trusts for the issue of the intestate (other than the for the provision of bringing any money or property into the account) as if such trusts (other than aforesaid) were repeated with the substitution of references to the members or member of that class for reference to the children or child of the intestate.

[(4) References in paragraph (i) of subsection (1) of the last foregoing section to the intestate leaving, or not leaving, a member of the class consisting of brothers or sisters of the whole blood of the intestate shall be construed as references to the intestate leaving, or not leaving, a member of that class who attains an absolutely vested interest.]

(5) ...

52. Interpretation of Part IV

In this Part of this Act "real and personal estate" means every beneficial interest (including rights of entry and reverter) of the intestate in real and personal estate which (otherwise than in right of a power of appointment or of the testamentary power conferred by statute to dispose of entailed interests) he could, if of full age and capacity, have disposed of by his will.

PART V

SUPPLEMENTAL

53. General savings

(1) Nothing in this Act shall derogate from the powers of the High Court which exist independently of this Act or alter the distribution of business between the several divisions of the High Court, or operate to transfer any jurisdiction from the High Court to any other court.

(2) Nothing in this Act shall affect any unrepealed enactment in a public general Act dispensing with probate or administration as respects personal estate not including chattels real.

(3) . .

54. Application of Act

Save as otherwise expressly provided, this Act does not apply in any case where the death occurred before the commencement of this Act.

55. Definitions

In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say

(1) (i) "Administration" means, with reference to the real and personal estate of a deceased person, letters of administration whether general or limited, or with the will annexed or otherwise:

(ii) "Administrator" means a person to whom administration is granted:

(iii) "Conveyance" includes a mortgage, charge by way of legal mortgage, lease, assent, vesting, declaration, vesting instrument, disclaimer, release and every other assurance of property or of an interest therein by any instrument, except a will, and "convey" has a corresponding meaning, and "disposition" includes a "conveyance" also a devise bequest and an appointment of property contained in a will, and "dispose of" has a corresponding meaning:

(iv) "the Court" means the High Court and also the county court, where that court has jurisdiction

(v) "Income" includes rents and profits:

(vi) "Intestate" includes a person who leaves a will but dies intestate as to some beneficial interest in his real or personal estate:

(vii) "Legal estates" mean the estates charges and interests in or over land (subsisting or created at law) which are by statute authorised to subsist or to be created at law; and "equitable interests" mean all other interests and charges in or over land or in the proceeds of sale thereof:

(viii) "[Person of unsound mind]" includes a [person of unsound mindj whether so found or not, and in relation to a [person of unsound mind] not so found; and "defective" includes every person aflected by the provisions of section one hundred and sixteen of the Lunacy Act 1890, as extended by section sixty-four of the Mental Deficiency Act 191 3, and for whose benefit a receiver has been appointed:

(ix) 'Pecuniary legacy" includes an annuity, a general legacy, a demonstrative legacy so far as it is not discharged out of the designated property, and any other general direction by a testator for the payment of money, including all death duties free from which any devise, bequest, or payment is made to take effect:

(x) "Personal chattels" mean carriages, horses, stable furniture and effects (not used for business purposes), motorcars and accessories (not used for business purposes), garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors and consumable stores, but do not include any chattels used at the death of the intestate for business purposes nor money or securities for money:

(xi) "Personal representative" means the executor, original or by representation, or administrator for the time being of a deceased person, and as regards any liability for the payment of death duties includes any person who takes possession of or intermed- dIes with the property of a deceased person without the authority of the personal representatives or the court, and ''executor'' includes a person deemed to be appointed executor as respects settled land:

(xii) "Possession" includes the receipt of rents and profits or the right to receive the same, if any:

(xiii) "Prescribed" means prescribed by rules of court

(xiv) "Probate" means the probate of a will:

[(xv) "Probate judge" means the President of the Family Division of the High Court:]

(xvi) ...

(xvii) "Property" includes a thing in action and any interest in real or person (II property

(xviii) "Purchaser" means a lessee, mortgagee, or other person who in good faith acquires an interest in property for valuable considera- tion, also an intending purchaser and "valuable consideration" includes marriage, but does not include a nominal consideration in money: