Administration of Estates Act 1971

JurisdictionUK Non-devolved
Citation1971 c. 25
Year1971
a confirmation granted in respect of all or part of his estate and noting his Scottish domicile, anda certificate of confirmation noting his Scottish domicile and relating to one or more items of his estate,as a grant of probate where it appears from the confirmation or certificate that the executors so named are executors nominate; andin any other case, as a grant of letters of administration.(3) Section 7 of the (4) Subject to subsection (5) below, where a person dies domiciled in Northern Ireland a grant of probate of his will or letters of administration in respect of his estate (or any part of it) made by the High Court in Northern Ireland and noting his domicile there shall, without being resealed, be treated for the purposes of the law of England and Wales as if it had been originally made by the High Court in England and Wales.(5) Notwithstanding anything in the preceding provisions of this section, a person who is a personal representative according to the law of England and Wales by virtue only of those provisions may not be required, under section 25 of the (6) This section applies in relation to confirmations, probates and letters of administration granted before as well as after the commencement of this Act, and in relation to a confirmation, probate or letters of administration granted before the commencement of this Act, this section shall have effect as if it had come into force immediately before the grant was made.(7) In this section “confirmation” includes an additional confirmation, and the term “executors”, where used in relation to a confirmation or certificate of confirmation, shall be construed according to the law of Scotland.(1) Where a person dies domiciled in England and Wales a grant of probate of his will or letters of administration in respect of his estate (or any part of it) made by the High Court in England and Wales and noting his domicile there shall, without being resealed, be treated for the purposes of the law of Northern Ireland as if it had been originally made by the High Court in Northern Ireland.a confirmation granted in respect of all or part of his estate and noting his Scottish domicile, anda certificate of confirmation noting his Scottish domicile and relating to one or more items of his estate,as a grant of probate where it appears from the confirmation or certificate that the executors so named are executors nominate; andin any other case, as a grant of letters of administration.(4) Notwithstanding anything in any enactment or rule of law, subsection (3) (a) above shall not operate to entitle an executor of a sole or last surviving executor of a testator, whose will has been proved in Scotland only, to act as the executor of that testator.in relation to a probate, letters of administration or confirmation granted, and resealed in Northern Ireland, before the commencement of this Act, this section shall have effect as if it had come into force immediately before the grant was so resealed; anda probate, letters of administration or confirmation granted but not resealed in Northern Ireland before the commencement of this Act shall, for the purposes of this section, be treated as having been granted at the commencement of this Act.(6) In this section “confirmation” includes an additional confirmation, and the term “executors”, where used in relation to a confirmation or certificate of confirmation shall be construed according to the law of Scotland.from the High Court in England and Wales and noting his domicile there, orfrom the High Court in Northern Ireland and noting his domicile there(2) This section applies in relation to probates and letters of administration granted before as well as after the commencement of this Act, and in relation to a probate or letters of administration granted before the commencement of this Act, this section shall have effect as if it had come into force immediately before the grant was made.a document purporting to be a confirmation, additional confirmation or certificate of confirmation given under the seal of office of any commissariot in Scotland shall, except

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