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COLONIAL PROBATES ACT 1892

COLONIAL PROBATES ACT 1892 - LONG TITLE

An Act to provide for the Recognition in the United Kingdom of
Probates and Letters of Administration granted in British
Possessions.{1}
[20th May 1892]
Application of Act by Order in Council.

COLONIAL PROBATES ACT 1892 - SECT 1

1. Her Majesty the Queen may, on being satisfied that the
legislature of any British possession has made adequate provision for
the recognition in that possession of probates and letters of
administration granted by the courts of the United Kingdom, direct
by Order in Council that this Act shall, subject to any exceptions
and modifications specified in the Order, apply to that possession,
and thereupon, while the Order is in force, this Act shall apply
accordingly.

COLONIAL PROBATES ACT 1892 - SECT 2
Sealing in United Kingdom of colonial probates and letters of
administration.

2.(1) Where a court of probate in a British possession to which
this Act applies has granted probate or letters of administration in
respect of the estate of a deceased person [then (subject to
section 156A of the Supreme Court of Judicature (Consolidation) Act
1925, section 42 of the Probate and Legacy Duties Act 1808 and
section 99A of the Probates and Letters of Administration Act
(Ireland) 1857)], the probate or letters so granted may, on being
produced to, and a copy thereof deposited with, a court of probate
in the United Kingdom, be sealed with the seal of that court, and,
thereupon, shall be of the like force and effect, and have the
same operation in the United Kingdom, as if granted by that court.

(2) Provided that the court shall, before sealing a probate or
letters of administration under this section, be satisfied

Para.(a) rep. by 1975 c.7 s.59 sch.13 Pt.I

(b) in the case of letters of administration, that security has
been given in a sum sufficient in amount to cover the property (if
any) in the United Kingdom to which letters of administration
relate;

(3) The court may also, if it thinks fit, on the application of
any creditor, require, before sealing, that adequate security shall
be given for the payment of debts due from the estate to creditors
residing in the United Kingdom.

(4) For the purposes of this section, a duplicate of any probate
or letters of administration sealed with the seal of the court
granting the same, or a copy thereof certified as correct by or
under the authority of the court granting the same, shall have the
same effect as the original.

(5) Rules of court may be made for regulating the procedure and
practice, including fees and costs, in courts of the United Kingdom,
on and incidental to an application for sealing a probate or
letters of administration granted in a British possession to which
this Act applies. ....

COLONIAL PROBATES ACT 1892 - SECT 3
Application of Act to British courts in foreign countries.

3. This Act shall extend to authorise the sealing in the United
Kingdom of any probate or letters of administration granted by a
British court in a foreign country, in like manner as it authorises
the sealing of a probate or letters of administration granted in a
British possession to which this Act applies, and the provisions of
this Act shall apply accordingly with the necessary modifications.

COLONIAL PROBATES ACT 1892 - SECT 4
Orders in Council.

4.(1) Every Order in Council made under this Act shall be laid
before both Houses of Parliament as soon as may be after it is
made, and shall be published under the authority of Her Majesty's
Stationery Office.

(2) Her Majesty the Queen in Council may revoke or alter any Order
in Council previously made under this Act.

(3) Where it appears to Her Majesty in Council that the legislature
of part of a British possession has power to make the provision
requisite for bringing this Act into operation in that part, it
shall be lawful for Her Majesty to direct by Order in Council that
this Act shall apply to that part as if it were a separate
British possession, and thereupon, while the Order is in force, this
Act shall apply accordingly.

COLONIAL PROBATES ACT 1892 - SECT 5
Application of Acts to probates, etc. already granted.

5. This Act when applied by an Order in Council to a British
possession shall, subject to the provisions of the Order, apply to
probates and letters of administration granted in that possession
either before or after the passing of this Act.

COLONIAL PROBATES ACT 1892 - SECT 6
Definitions.

6. In this Act

The expression "court of probate" means any court or authority, by
whatever name designated, having jurisdiction in matters of probate
...

The expression "probate" and "letters of administration" include ...
any instrument having in a British possession the same effect which
under English law is given to probate and letters of administration
respectively;

Definition rep. by 1975 c.7 s.59 sch.13 Pt.I

The expression "British court in a foreign country" means any
British Court having jurisdiction out of the Queen's dominions in
pursuance of an Order in Council, whether made under any Act or
otherwise.

COLONIAL PROBATES ACT 1892 - SECT 7
Short title.

7. This Act may be cited as the Colonial Probates Act, 1892.






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URL: http://www.bailii.org/nie/legis/num_act/cpa1892182.txt