Court of Probate Act 1857

Court of Probate Act 1857^[a]
Act of Parliament
	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
Repealed	1 January 1982
Other legislation
Amended by	Promissory Oaths Act 1871 ; Statute Law Revision Act 1875 ; Statute Law Revision and Civil Procedure Act 1881 ; Administration of Estates Act 1925 ;
Repealed by	Supreme Court Act 1981
Status: Repealed
Text of statute as originally enacted

Last updated April 18, 2025

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 It was followed by the Court of Probate Act 1858; both acts were repealed in 1982.

Legacy

Sections 70 to 80 of the act were repealed by section 56 of, and part I of the second schedule to, the Administration of Estates Act 1925 (15 & 16 Geo. 5.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

Notes

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

↑ 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.
↑ "Somerset House: Court of Probate. Elevation of New Principal Registry". National Archives. Retrieved 5 April 2018.

Bibliography

Herber, Mark (2004). Ancestral Trails: The Complete Guide to British Genealogy and Family History, p. 214. Sutton Publishing.

External links

HMCS Probate Service

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[st-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).

[2] 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.

[3] "Somerset House: Court of Probate. Elevation of New Principal Registry". National Archives. Retrieved 5 April 2018.

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