Court of Probate Act 1857

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Court of Probate Act 1857 [a]
Act of Parliament
Coat of arms of the United Kingdom (2022, variant 1).svg
Parliament of the United Kingdom
Long title An Act to amend the Law relating to Probates and Letters of Administration in England.
Citation 20 & 21 Vict. c. 77
Territorial extent  England and Wales
Dates
Royal assent 25 August 1857
Commencement 11 January 1858 [1]
Repealed1 January 1982
Other legislation
Amended by
Repealed by Supreme Court Act 1981
Status: Repealed
Text of statute as originally enacted

The Court of Probate Act 1857 [a] (20 & 21 Vict. c. 77) was an act of the Parliament of the United Kingdom that transferred responsibility for the granting of probate, and letters of administration, from the ecclesiastical courts of England and Wales to a new civil Court of Probate. It created a Principal Probate Registry in London (Somerset House) [2] and a number of district probate registries. It was followed by the Court of Probate Act 1858; both acts were repealed in 1982.

Contents

Subsequent developments

Sections 70 to 80 of the act were repealed by section 56 of, and part I of the second schedule to, the Administration of Estates Act 1925 (15 & 16 Geo. 5. c. 23).

Sections four, thirteen, twenty to twenty-three, twenty-nine, thirty, and forty-six to fifty-three, in section fifty-eight the words “ and the decision of the Court of Probate on such appeal shall be final,” sections fifty-nine, sixty-one to sixty-four and sixty-six to sixty-nine, eighty-seven, eighty-nine to ninety-three, one hundred and ten and one hundred and nineteen, and schedule A were repealed by section 226(1) of, and the sixth schedule to the Supreme Court of Judicature (Consolidation) Act 1925 (15 & 16 Geo. 5. c. 49).

Notes

  1. 1 2 The citation of this act by this short title was authorised by section 1 of, and the first schedule to, the Short Titles Act 1896. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978. This short title was previously conferred on this act by section 38 of the Court of Probate Act 1858 (21 & 22 Vict. c. 95).

References

  1. ↑ Order in Council dated 2 December 1857, made under section 1: See Richard Jebb, The Act to amend the Law relating to Probates and Letters of Administration in England, London, 1858, p 39.
  2. ↑ "Somerset House: Court of Probate. Elevation of New Principal Registry". National Archives. Retrieved 5 April 2018.

Bibliography


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