Administration of Estates Act 1925
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Change 1
51 Savings.
(1) Nothing in this Part of this Act affects the right of any person to take beneficially, by purchase, as heir either general or special. (2) The foregoing provisions of this Part of this Act do not apply to any beneficial interest in real estate (not including chattels real) to which a person of unsound mind or defective living and of full age at the commencement of this Act, and unable, by reason of his incapacity, to make a will, who thereafter dies intestate in respect of such interest without having recovered his testamentary capacity, was entitled at his death, and any such beneficial interest (not being an interest ceasing on his death), shall, without prejudice to any will of the deceased, devolve in accordance with the general law in force before the commencement of this Act applicable to freehold land, and that law shall, notwithstanding any repeal, apply to the case. For the purposes of this subsection, a person of unsound mind or defective who dies intestate as respects any beneficial interest in real estate shall not be deemed to have recovered his testamentary capacity unless his . . . receiver has been discharged. (3) Where an infant dies after the commencement of this Act without having been marriedor having formed a civil partnership, and without issue, and independently of this sub-section he would, at his death, have been equitably entitled under a trust or settlement (including a will) to a vested estate in fee simple or absolute interest in freehold land, or in any property . . . to devolve therewith or as freehold land, such infant shall be deemed to have had a life interest, and the trust or settlement shall be construed accordingly. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51 Savings.
(1) Nothing in this Part of this Act affects the right of any person to take beneficially, by purchase, as heir either general or special. (2) The foregoing provisions of this Part of this Act do not apply to any beneficial interest in real estate (not including chattels real) to which a person of unsound mind or defective living and of full age at the commencement of this Act, and unable, by reason of his incapacity, to make a will, who thereafter dies intestate in respect of such interest without having recovered his testamentary capacity, was entitled at his death, and any such beneficial interest (not being an interest ceasing on his death), shall, without prejudice to any will of the deceased, devolve in accordance with the general law in force before the commencement of this Act applicable to freehold land, and that law shall, notwithstanding any repeal, apply to the case. For the purposes of this subsection, a person of unsound mind or defective who dies intestate as respects any beneficial interest in real estate shall not be deemed to have recovered his testamentary capacity unless his . . . receiver has been discharged. (3) Where an infant dies after the commencement of this Act without having been marriedor having formed a civil partnership, and without issue, and independently of this sub-section he would, at his death, have been equitably entitled under a trust or settlement (including a will) to a vested estate in fee simple or absolute interest in freehold land, or in any property . . . to devolve therewith or as freehold land, such infant shall be deemed to have had a life interest, and the trust or settlement shall be construed accordingly. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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