Colonial Probates Act,1892

[Act No. 55 of 1892]

[20th May, 1892]

An Act to provide for the Recognition in the United Kindgom of Probates and Letters of Administration granted in British Possessions.

2. Sealing in United Kingdom of Colonial Probates of administration.

(1) Where a Court of Probate in a British possession lo which this Act applies has granted probate or letters of administration in respect of the estate of a deceased person, 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

(a) that probate duty has been paid in respect of so much (if any) of the estate as is liable to probate duty in the United Kingdom; and

(b) in the case of letters of administration that security has been given in a sum sufficient in amount to cover the properly (if any) in the United Kingdom to which the letters of administration relate: and may require such evidence, if any as it thinks fit as to the domicile of the deceased person.

(3) The Court may also, if it thinks fit. on the application of any creditor, require before sealing, that adequate security 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 the authority of the Court granting the same. shall have the same effect as the original

(5) Rules of Court may he made. for regulating the procedure and practice, in eluding 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. Such rules shall so far as they relate to probate duty. he made with the consent of the Treasury. and. subject to any exceptions and modifications made by such rules, the enactments for the time being in force in relation to probate duty (including the penal provisions thereof) shall apply as if the person who applies for sealing under this section were a person applying for probate or letters of administration.

3. Application of Act to British Courts in Foreign Countries.

This Act shall extend to authorise the sealing in the United Kingdom of any probate or letters or administration granted by a British Court in a foreign country, in like manner as it authorises the sealing of a probable 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.

4. Orders in Council

(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 Stationary 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, white the Order is in force, this Act shall apply accordingly

5. Application of Act to Probates, etc., already granted.

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 or administration granted in that possession either before or after the passing or this Act.

6. Definitions.

In this Act The expression “Court or Probate” means any Court or authority, by whatever name designated, having jurisdiction in matters of probate and in Scotland means the sheriff Court or the country or Edinburgh:

The expressions “Probate “and “Letters of Administration” include confirmation in Scotland, and any instrument having in a British possession the same effect which under English law is given to probate and letters or administration respectively:

The expression “Probate duty” includes any duty payable on the value or the estate and effects for which probate or letters of administration is or are granted :

The expression “British Court in a foreign country” means any British Court having jurisdiction out or the Queen’s dominons in pursuance of an Order in Council, whether made under any Act or otherwise.

7. Short title.

This Act may he cited us The Colonial Probates. Act. 1892

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