Administration of Estates Act 1798
| Jurisdiction | UK Non-devolved |
| Citation | 1798 c. 87 |
(38 Geo. 3) C A P. LXXXVII.
[28th June 1798]
'WHEREAS the Laws now existing are not sufficient to enforce a speedy Distribution of the Assets of deceased Persons where the Executor to whom Probate of the Will hath been granted is out of the Jurisdiction of his Majesty's Courts of Law and Equity;' be it therefore enacted by the King's most excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliamentassembled, and by the Authority of the same, That, at the Expiration of twelve Calendar Months from the Death of any Testator, if the Executors or Executor to whom Probate of the Will shall have been granted, are or is then residing out of the Jurisdiction of his Majesty's Courts of Law and Equity, it shall be lawful for the Ecclesiastical Court which hath granted Probate of such Will, upon the Application of any Creditor, next of Kin, or Legatee, grounded on the Affidavit hereinafter mentioned, to grant such Special Administration as hereinafter is also mentioned; which Administration shall be written or printed upon Paper or Parchment stamped only with one five Shilling Stamp, and shall pay no further or other Duty to his Majesty, his Heirs or Successors.
II The Party applying to make the following.
II. And be it further enacted, That the Party applying to the Spiritual Court to grant such Administration as aforesaid, shall make an Affidavit in the following Words, or to the Purport and Effect following:
'IA. B. of do swear, That there is due and owing to me, upon Bond or Simple Contract, or upon Account unsettled, as the Case may happen to be, (in which latter Case he shall swear to the best of his Belief only,) from the Estate and Effects of deceased, the Sum of and that C. D. , the only Executor capable of acting, and to whom Probate hath been granted, hath departed this Kingdom, and is now out of the jurisdiction of his Majesty's Courts of Law and Equity, and that this Deponent is desirous of exhibiting a Bill in Equity in his Majesty's Court of for the Purpose of being paid his Demand out of the Assets of the said Testator.'
III Administration to be granted in the following Form.
III. And be it further enacted, That the Administration to be granted...
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