Succession Act 1965 section 12

Further assimilation of law respecting real and personal estates of deceased persons

Section 12 provides that the legal rules governing the administration of a deceased person's personal estate (such as money, investments, and movable property) apply equally to their real estate (such as land and buildings), so that both types of property are dealt with in the same way after death.

  • All legislation and legal rules concerning personal representatives' powers, rights, duties, and liabilities in respect of personal estate apply equally to real estate.
  • Matters such as the effect of obtaining a grant of representation, dealing with assets before representation is granted, and payment of administration costs are treated identically for both real and personal estate.
  • Courts' powers to appoint administrators and grant representation over personal estate extend equally to real estate, and the rights of interested persons to be involved in proceedings are the same regardless of the type of estate.
  • Any grant of representation automatically covers both real and personal estate unless it expressly states otherwise.

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