ADMINISTRATION AND PROBATE ACT 1919 - SECT 46

ADMINISTRATION AND PROBATE ACT 1919 - SECT 46

46—Land to vest in executor or administrator of owner

        (1)         Land will, after the death of the owner, and subject to any mortgage, trust or equity affecting it—

            (a)         if there is only one executor or administrator, pass to the executor or administrator and become vested in the executor or administrator as if it were a chattel real; or

            (b)         if there is more than one executor or administrator, pass to the executors or administrators and become vested jointly in the executors or administrators as if it were a chattel real.

        (2)         Such executor or administrator shall hold and deal with such land, and the same and the proceeds thereof, if sold, shall for all purposes be assets in his hands, and disposable and distributable for the payment of the debts and liabilities of the owner and under his will or intestacy as if such land had been a chattel real.

        (3)         No widow shall be entitled to her dower, nor husband to his curtesy, out of any lands passing under the provisions of this section.

        (4)         This section shall not affect the order in which, as between persons claiming under the owner, the assets of his estate are liable for the payment of debts or legacies, nor shall this section be deemed to impose any charge on land for the payment of legacies.