Administration of Estates Act 1925

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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.[3][4]

See also[edit]

References[edit]

  1. ^ Official text of the Administration of Estates Act 1925 as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database
  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.