Court of Probate

Last updated

The Court of Probate was created by the Court of Probate Act 1857, which transferred the jurisdiction of the ecclesiastical courts in testamentary matters to the new court so created.

The Judge of the Court of Probate also presided over the Court for Divorce and Matrimonial Causes, but the two courts remained separate entities.

On 1 November 1875, under the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875, the Judge of the Court of Probate was transferred, as its President, to the Probate, Divorce and Admiralty Division of the High Court of Justice.

Judges of the Court of Probate

Related Research Articles

Supreme Court of Judicature Act 1873 United Kingdom legislation

The Supreme Court of Judicature Act 1873 was an Act of the Parliament of the United Kingdom in 1873. It reorganised the English court system to establish the High Court and the Court of Appeal, and also originally provided for the abolition of the judicial functions of the House of Lords with respect to England. It would have retained those functions in relation to Scotland and Ireland for the time being. However, the Gladstone Liberal government fell in 1874 before the Act entered into force, and the succeeding Disraeli Conservative government suspended the entry into force of the Act by means of the Supreme Court of Judicature (Commencement) Act 1874 and the Supreme Court of Judicature Act 1875.

Consistory court

A consistory court is a type of ecclesiastical court, especially within the Church of England where they were originally established pursuant to a charter of King William the Conqueror, and still exist today, although since about the middle of the 19th century consistory courts have lost much of their subject-matter jurisdiction. Each diocese in the Church of England has a consistory court.

Judicature Acts United Kingdom legislation

The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875, with a further series of amending acts.

Doctors Commons

Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law in London. Like the Inns of Court of the common lawyers, the society had buildings with rooms where its members lived and worked, and a large library. Court proceedings of the civil law courts were held in Doctors' Commons. The society used St Benet's, Paul's Wharf as its church.

James Hannen, Baron Hannen English judge and vegetarian

James Hannen, Baron Hannen, PC, FRS was an English judge and vegetarian.

Charles Edward Pollock

Sir Charles Edward Pollock, SL was an English judge, one of the last Barons of the Court of the Exchequer and serjeants-at-law.

Sir Cresswell Cresswell, PC, born Cresswell Easterby, was an English lawyer, judge and Tory politician. As a judge in the newly created divorce court, Cresswell did much to start the emergence of modern family law by setting divorce on a secular footing, removed from the traditional domain of canon law.

President of the Family Division

The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and Head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were removed from its predecessor, the Probate, Divorce and Admiralty Division.

Vicar General of Sodor and Man

The Vicar General of the Diocese of Sodor and Man is an ecclesiastical law officer appointed by the Bishop of Sodor and Man.

Nominate reports, also known as nominative reports, named reports and private reports, is a legal term from common-law jurisdictions referring to the various published collections of reports of English cases in various courts from the Middle Ages to the 1860s, when law reporting was officially taken over by the Incorporated Council of Law Reporting, for example Edmund F. Moore's Reports of Cases Heard and Determined by the Judicial Committee and the Lords of His Majesty's most Honourable Privy Council on Appeal from the Supreme and Sudder Dewanny Courts in the East Indies published in London from 1837 to 1873, referred to as Moore's Indian Appeals and cited for example as: Moofti Mohummud Ubdoollah v. Baboo Mootechund 1 M.I.A. 383.

Matrimonial Causes Act 1857 United Kingdom legislation

The Matrimonial Causes Act 1857 was an Act of the Parliament of the United Kingdom. The Act reformed the law on divorce, moving litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage based on contract rather than sacrament and widening the availability of divorce beyond those who could afford to bring proceedings for annulment or to promote a private Bill. It was one of the Matrimonial Causes Acts 1857 to 1878.

The Court for Divorce and Matrimonial Causes was created by the Matrimonial Causes Act 1857, which transferred the jurisdiction of the ecclesiastical courts in matters matrimonial to the new court so created.

Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa, Sri Lanka, the Philippines, and the United States. In Canada, it is used only in Quebec as the English term for avocat. The term has its roots in the verb to attorn, meaning to transfer one's rights and obligations to another.

High Court of Justice One of the Senior Courts of England and Wales

The High Court of Justice in London, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

Thomas Hutchinson Tristram KC DCL was an English lawyer.

In England and Wales, divorce is allowed on the ground that the marriage has irretrievably broken down. The Matrimonial Causes Act 1973 specifies that the marriage may be found to have irretrievably broken down if one of the following is established:

Sir Joseph Child Priestley, KC, JP, DL was an English lawyer, active in public life in Hertfordshire.

Henry Charles Coote (1815–1885) was an English lawyer and antiquarian.

Certain former courts of England and Wales have been abolished or merged into or with other courts, and certain other courts of England and Wales have fallen into disuse.

Sir Stephen Ogle Henn-Collins, CBE was an English barrister and High Court judge.

References