Colonial Probates Act 1892
| Jurisdiction | UK Non-devolved |
| Citation | 1892 c. 6 |
Colonial Probates Act, 1892
(55 & 56 Vict.) CHAPTER 6.
An Act to provide for the Recognition in the United Kingdom of Probates and Letters of Administration granted in British Possessions.
[20th May 1892]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Application of Act by Order in Council.
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.
2 Sealing in United Kingdom of colonial probates and letters of administration.
(1)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, 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) (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 property (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) (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) (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) (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 scaling a probate or letters of administration granted in a British possession to which this Act applies. Such rules shall, so...
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