Sub-Title B - Wills, Intestates, Etc
| Author | Ralph Hone |
| Pages | #4 |
153 Real Estate Devolution
CHAPTER 153.
REAL ESTATE DEVOLUTION.
AN ACT TO PROVIDE FOR THE VESTING OF REAL ESTATE IN THE PERSONAL REPRESENTATIVES OF A DECEASED OWNER.
[22nd June 1914.] 1. This Act may be cited as The Real Estate Devolution Act.
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In this Act, unless the context otherwise requires'personal representative' means an executor or administrator;
'prescribed' means prescribed by any rules made in pursuance of this Act.
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-(1) Where real estate is vested in any person without a right in any other person to take by survivorship, it shall, on his death, notwithstanding any testamentary disposition, devolve to and become vested in his personal representatives or personal representative from time to time as if it were a chattel real vesting in them or him.
(2) This section shall apply to any real estate over which a person executes by will a general power of.
appointment, as if it were real estate vested in him.
(3) Probate and letters of administration may be granted in respect of real estate only, although there is no personal estate.
(4) This section applies only in cases of death after the commencement of this Act.
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-(1) Subject to the powers, rights, duties and liabilities hereinafter mentioned, the personal representatives of a deceased person shall hold the real estate as trustees for the persons by law beneficially entitled 29 of 1914.
6 of 1959.
59 of 1959.
63 of 1959.
46 of 1964.
18 of 1965.
Short title.
Interpretation.
Devolution of legal interest in estate on death.
Provisions as to administration.
thereto, and those persons shall have the same power of requiring a transfer of real estate under section 5 of this Act as persons beneficially entitled to personal estate have of requiring a transfer of such personal estate.
59 of 1959, s. 2.
(2) All Acts and rules of law relating to the effect of probate or letters of administration as respects chattels real, and as respects the dealing with chattels real before probate or administration, and as respects the payment of costs of administration and other matters in relation to the administration of personal estate, and the powers, rights, duties and liabilities of personal representatives in respect of personal estate, shall apply to real estate so far as the same are applicable, as if that real estate were a chattel real vesting in them or him, save that it shall not be lawful for some or one only of several joint personal representatives, without the authority of the court, to sell or transfer real estate, but where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the other or others to prove, any sale or transfer of the real estate or any deed of assent to any devise may be made by the..
proving executor or executors for the time being, without an order of the court, and shall be as effectual as if all the persons named as executors had concurred therein.
(3) In the administration of the assets of a person dying after the commencement of this Act, his real estate shall be administered in the same manner, subject to the same liabilities for debt, costs and expenses, and with the same incidents, as if it were personal estate:
Provided that nothing herein contained shall alter or affect the order in which real and personal assets respectively are now applicable in or towards the payment of funeral and testamentary expenses, debts or legacies, or the liability of real estate to be charged with the payment of legacies.
(4) Where a person dies possessed of real estate, the court shall, in granting letters of administration, have regard to the rights and interests of persons interested in his real estate, and his heir-at-law, if not one of the next-of-kin, shall be equally entitled to the grant with the next-of-kin, and provision shall be made by rules of court for adapting the procedure and practice in the grant of letters of administration to the case of real estate.
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-(1) At any time after the death of the owner of any land, his personal representatives may by deed assent to any devise contained in his will, or may convey the land to any person entitled thereto as heir, devisee or otherwise, and may make the assent or conveyance, either subject to a charge for the payment of any money which the personal representatives are liable to pay, or without any such charge; and on such assent or conveyance, subject to a charge for all moneys (if any) which the personal representatives are liable to pay, all liabilities of the personal representatives in respect of the land shall cease, except as to any acts done or contracts entered into by them before such assent or conveyance.
(2) Notwithstanding the provisions of subsection (1) of this section it is hereby declared that all deeds of assent made by a personal representative in the form prescribed by the rules made under this Act in respect of the land of an owner dying intestate and all conveyances made by a personal representative in respect of the land of such an owner before the sixteenth day of March 1959 shall be deemed to be valid and effective for the purpose of conveying such land from the personal representative of such a deceased owner to his heir-in-law.
(3) For the removal of doubts it is hereby declared that a deed of assent relating to a specific devise of land executed under subsection (1) of this section by the personal representative of the owner of any land shall relate back to the death of such owner.
(4) At any time after the expiration of one year from the death of the owner of any land, if his personal representatives have failed on the request of the person entitled to the land to convey the land to that person, the court may, if it thinks fit, on the application of that person, and after notice to the personal representatives, order that the conveyance be made.
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The personal representatives of a deceased person may, in the absence of any express provision to the contrary contained in the will of such deceased person, with the consent of the person entitled to any legacy given by the deceased person or to a share in his residuary estate, or, if the person entitled is a lunatic or an infant, with the consent of his committee, trustee or guardian, appropriate any part of the residuary estate Provision for transfer to heir or devisee.
6 of 1959, s. 2.
63 of 1959, s. 2 (a).
Appropriation of land in satisfaction of legacy or share in estate.
of the deceased in or towards satisfaction of that legacy or share, and.may for that purpose value in accordance with the prescribed provisions the whole or any part of the property of the deceased person in such manner as they think fit:
Provided that before any such appropriation is effectual, notice of such intended appropriation shall be given to all persons interested in the residuary estate, any of whom may thereupon within the prescribed time apply to the court, and such valuation and appropriation shall be conclusive save as otherwise directed by the court.
Deed of assent must be registered.
Ch. 193.
No stamp duty or fees.
63 of 1959, s. 2(b).
18 of 1965, Schd.
Partition by representatives.
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-(1) A deed of assent or conveyance under section 5 of this Act shall have validity only when duly registered in the Registry of Records in accordance with the provisions of The Registration of Records Act.
No stamp duty and no registration or other fee shall be chargeable in respect of any such deed.
(2) For the removal of doubts it is hereby declared that notwithstanding the other provisions of this section a deed of assent or conveyance executed by thepersonal representative of any owner of land under subsection (1) of section 5 of this Act and registered under this section shall relate back to the date of the deed of assent or conveyance respectively except in the case of a deed of assent relating to a specific devise of land by the owner which shall relate back to the date of his death.
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-(1) The personal representatives may, in lieu of conveying the real estate or residuary real estate of the intestate to any persons interested therein jointly or in common, convey the same or any part thereof to each of several persons entitled jointly or in common, in severalty by way of partition by deed or deeds under section 5 of this Act: * Provided that the partition effected by such deed or deeds shall be with the consent of such persons as are sui juris, and by order of the court to be obtained on originating summons in the case of such as are infants or lunatics.
(2) In the absence of agreement among the persons entitled of full age as to any such conveyance by way of partition, it shall be lawful for the personal representatives or any party entitled sui juris or the next friend of 1999 any infant or the committee of any lunatic person entitled, to apply in the prescribed manner by originating summons for directions in respect of such proposed partition; and a Judge of the Supreme Court upon such summons shall have all the powers of a Judge on the hearing of an action or summons for partition or for sale in lieu of partition.
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The wife of any personal representative upon or in whom real estate has devolved or become vested by virtue of this Act shall not be entitled to any right or title to or any estate of dower in such real estate.
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The Rules Committee under section 41 of The Supreme Court Act may make rules for the carrying into effect of this Act.
No dower estate in wife of representative.
Rules.
46 of 1964, Schd.
Ch. 35.
154 Real Estates Charges
CHAPTER 154.
REAL ESTATES CHARGES.
AN ACT TO AMEND THE LAW RELATING TO THE 9 of 1933.
ADMINISTRATION OF THE ESTATES OF DECEASED PERSONS.
[25th May 1933.] 1. This Act may be cited as The Real Estates Short title.
Charges Act.
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In this Act the word 'lands' shall extend to Interpretation, messuages, lands, tenements dnd hereditaments of any tenure.
Heir or 3.-(1) Where a person dies possessed of, or dHise or entitled to, an...
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