Last amended by Inheritance and Trustees' Powers Act 2014 in 2014. Increased the statutory legacy to the surviving spouse and removed the life interest in favour of an absolute share.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
Governs the administration of deceased persons' estates and provides the statutory rules for intestate succession (where a person dies without a valid will). The intestacy rules determine the order in which relatives inherit, with the surviving spouse/civil partner and children being the primary beneficiaries.
Key Points
- Rules for intestate succession
- Surviving spouse receives personal chattels and statutory legacy (currently £322,000)
- Remainder shared between spouse and children
- Unmarried partners receive nothing on intestacy
- Personal representatives must administer the estate
- Sets out the intestacy rules for distribution of estates where there is no valid will (s.46)
- Surviving spouse/civil partner receives personal chattels, statutory legacy (currently £322,000), and half the residue if there are issue
- Remainder distributed to children equally (or their issue per stirpes)
- If no surviving spouse, estate passes to children, then parents, then siblings, then half-siblings, then grandparents, then aunts/uncles
- If no qualifying relatives survive, the estate passes to the Crown as bona vacantia
- Personal representatives (executors/administrators) have duty to collect assets, pay debts, and distribute the estate
Parts & Sections
Amendments History
2014 — Inheritance and Trustees' Powers Act 2014
Increased the statutory legacy to the surviving spouse and removed the life interest in favour of an absolute share.
2014 — Inheritance and Trustees' Powers Act 2014
Updated the statutory legacy amount and modernised trustees' administrative powers.
Frequently asked questions
- What does the Administration of Estates Act 1925 do?
- The Administration of Estates Act 1925 governs the administration of deceased persons' estates in England and Wales. It specifically provides the statutory rules for intestate succession, which apply when a person dies without a valid will. These rules determine the specific order in which relatives inherit the estate, prioritising the surviving spouse or civil partner and their children as the primary beneficiaries.
- Who inherits if the deceased has no surviving spouse or civil partner?
- If there is no surviving spouse or civil partner, the estate passes to the children. If there are no children, it goes to the parents, then siblings, then half-siblings, then grandparents, and finally aunts or uncles. If no qualifying relatives survive, the estate passes to the Crown as bona vacantia. Unmarried partners do not receive anything under these intestacy rules.
- How did the Inheritance and Trustees' Powers Act 2014 change the rules?
- The Inheritance and Trustees' Powers Act 2014 updated the Administration of Estates Act 1925. It increased the statutory legacy amount available to the surviving spouse or civil partner. Additionally, it removed the previous life interest in the residue, replacing it with an absolute share, and modernised the administrative powers held by trustees.
- What are the duties of personal representatives in an estate?
- Personal representatives, who are either executors or administrators, have a legal duty to administer the estate. This involves collecting the deceased's assets, paying off any outstanding debts, and distributing the remaining estate according to the statutory rules of intestate succession or the terms of a valid will.