Administration of Estates Act, 1959

Provisions as to administration.

7.—(1) Subject to the powers, rights, duties and liabilities hereinafter mentioned in this Act, the personal representatives of a deceased person shall hold his real estate as trustees for the persons by law entitled thereto, and those persons shall, subject to the provisions of this Act, have the same power of requiring a transfer of real estate as persons entitled to personal estate have of requiring a transfer of such personal estate.

(2) Subject to the provisions of this Act, all enactments and rules of law relating to—

(a) the effect of probate or letters of administration as respects chattels real,

(b) the dealing with chattels real before probate or letters of administration,

(c) the powers, rights, duties and liabilities of personal representatives in respect of personal estate,

(d) the payment of costs of administration, and

(e) all other matters in relation to the administration of personal estate,

shall, so far as the same are applicable, apply to real estate as if it were a chattel real.

(3) (a) In the administration of the assets of a person dying on or after the 1st day of June, 1959, his real estate shall be administered in the same manner, subject to the same liabilities for debts, costs and expenses and with the same incidents, as if it were personal estate.

(b) Nothing in paragraph (a) of this subsection shall alter or affect the order in which real and personal assets respectively are immediately before the 1st day of June, 1959, 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 High 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 may 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.