Intestates Estates Act 1884
| Jurisdiction | UK Non-devolved |
Intestates Estates Act, 1884
(47 & 48 Vict.) CHAPTER 71.
An Act to amend the Law respecting the administration of the Personal Estate and the Escheat of the Real Estate of Deceased Persons; and for other purposes.
[14th August 1884]
B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title.
1. This Act may be cited as theIntestates Estates Act, 1884.
2 Recovery of personal estate of deceased person where administration granted to nominee of the Crown.
2. Where the administration of the personal estate of any deceased person is granted to a nominee of Her Majesty (whether the Treasury Solicitor, or a person nominated by the Treasury Solicitor, or any other person), any action or other proceeding by or against such nominee for the recovery of the personal estate of such deceased person, or any share thereof, shall be of the same character, and be brought, instituted, and carried on in the same manner, and be subject to the same rules of law and equity (including the rules of limitation under the statutes of limitation or otherwise), in all respects as if the administration had been granted to such nominee as one of the next of kin of such deceased person.
3 Limitation on proceedings to recover personal estate by or from Crown.
3. After the passing of this Act an information or other proceeding on the part of Her Majesty shall not be filed or instituted, and a petition of right shall not be presented, in respect of the personal estate of any deceased person or any part or share thereof, or any claim thereon, except within the same time and subject to the same rules of law and equity in and subject to which an action for the like purpose might be brought by or against a subject.
4 Escheat of real estate.
4. From and after the passing of this Act, where a person dies without an heir and intestate in respect of any real estate consisting of any estate or interest whether legal or equitable in any incorporeal hereditament or of any equitable estate or interest in any corporeal hereditament, whether devised or not devised to trustees by the will of such person, the law of escheat shall apply in the same manner as if the estate or interest above mentioned were a legal estate in corporeal hereditaments.
5 Power of court to sell interest of Crown in real estate.
(1)5.—(1.) Where in any action or other proceeding in Her Majesty's High Court...
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