Administration of Estates in UK Law

Leading Cases
  • Aiden Shipping Company Ltd v Interbulk Ltd (Vimeira)
    • House of Lords
    • 22 May 1986

  • Ayerst v C. & K. (Construction) Ltd
    • House of Lords
    • 21 May 1975

    It is no misuse of language to describe the property as being held by the trustee on a statutory trust if the qualifying adjective "statutory" is understood as indicating that the trust does not bear all the indicia which characterise a trust as it was recognised by the Court of Chancery apart from statute.

    All that was intended to be conveyed by the use of the expression "trust property" and "trust" in these and subsequent cases (of which the most recent is Pritchard v. M.H. Builders Ltd. [1969] 1 W.L.R. 409) was that the effect of the statute was to give to the property of a company in liquidation that essential characteristic which distinguished trust property from other property, viz., that it could not be used or disposed of by the legal owner for his own benefit, but must be used or disposed of for the benefit of other persons.

  • Re Loftus (Deceased); Green and Others v Gaul and Others
    • Court of Appeal (Civil Division)
    • 28 July 2006

    As I have said, the better view is that the period under section 22(a) of the 1980 Act (in cases to which that section applies) will not begin to run until the administrator has paid the costs, funeral and testamentary and administration expenses, debts and other liabilities properly payable out of the assets in his hands, and provided for the payment of any pecuniary legacies.

  • Marshall (Inspector of Taxes) v Kerr
    • House of Lords
    • 30 June 1994

    In English law the rights of a testamentary legatee in the unadministered estate of a testator are well settled: see Lord Sudeley v. Attorney General [1897] A.C. 11 and Commissioner of Stamp Duties (Queensland) v. Livingston [1965] A.C. 694. A legatee's right is to have the estate duly administered by the personal representatives in accordance with law. But during the period of administration the legatee has no legal or equitable interest in the assets comprised in the estate.

  • Anthony Victor Lomas and Others v Burlington Loan Management Ltd and Others
    • Chancery Division
    • 31 July 2015

    First, while statutory interest is payable out of the surplus remaining after the payment in full of proved debts, rule 2.88 does not stipulate the time at which such payment is to be made. There is therefore no basis on which creditors could either seek an order for the payment of statutory interest or damages for any loss said to be suffered as a result of delay.

  • RSPCA v Sharp
    • Court of Appeal (Civil Division)
    • 21 December 2010

    One thing on which the parties were in agreement was the approach of the Court to the construction of a will. As mentioned above, it was common ground before the judge that no extrinsic evidence was admissible. He had therefore to follow the guidance of Lord Simon L.C. in Perrin v Morgan [1943] A.C. 399 at 406 and to construe the language of the will so as to find:

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Legislation
Books & Journal Articles
  • REVIEWS
    • No. 30-4, July 1967
    • The Modern Law Review
    Modern Trade Union Law. By Cyril Grunfeld. The Mental Element in Crime. By Glanville L. Williams. Cases on Criminal Law. By J. W. C. Turner and A. LI. Morbid Jealousy and Murder. A Psychiatric Stud...
    ... ... profession and those who are concerned in the administration of building in its various ramifications. Having regard ... C. HALL. THE LAW AND PRACTICE OF ADMINISTRATION OF ESTATES. Fourth edition. By D. MEYEROWITZ. [Cape Town: Wynberg; ... ...
  • Reviews
    • No. 20-6, November 1957
    • The Modern Law Review
    Fraud in Equity. By L. A. Sheridan. The Law Relating to Charities in Ireland. By V. T. H. Delany. A Handbook on the Administration of Estates Act (Northern Ireland), 1955. By William A. Leitch. Fam...
    ... ... The Administration of Estates Act (Northern Ireland), 1955, at last assimi- lates ... ...
  • The Administration of Municiapl Housing Estates
    • No. 9-2, April 1931
    • Public Administration
  • LAND LAW AND CONVEYANCING REFORMS
    • No. 33-1, January 1970
    • The Modern Law Review
    ... ... the Law Commission’s Report on Proceedings Against Estates at (1969) 82 M.L.R. 551. One of Mr. Ogus’s main concerns ... administration of estates. The Law Commission pointed out that the personal ... ...
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Law Firm Commentaries
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Forms
  • Judgment against personal representative (PD40B para 14.3)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... of the real and personal estate within the meaning of the Administration of Estates Act 1925 of the deceased at the time of his death in the hands ... ...
  • Form No.57
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... of the real and personal estate within the meaning of the Administration of Estates Act 1925 of (name) deceased, at the time of his death, which is ... ...
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