At first blush the decision of Freedman J in Nazir v Begum [2024] EWHC 378 (KB) appears counterintuitive. Section 33(1) of the Administration of Estates Act 1925 (‘AEA’) states that: ‘On the death of a person intestate as to any real or personal estate, that estate shall be held in trust by his personal representatives with the power to sell it’. It might be thought that the effect of s 33 AEA is to vest legal title to the property of the estate in the personal representative, with the beneficial title vesting in those who will receive the estate’s property upon the conclusion of the administration … (more)
[Theo Dixon, Wilberforce Chambers, 30 July 2024]
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