FOREIGN JURISDICTION (PROBATES) Order In Council, 1935.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1935/896 |
| Year | 1935 |
1935 No. 896
FOREIGN JURISDICTION
(6) Probates
[See also the title "Administration of Estates".]
THE FOREIGN JURISDICTION (PROBATES) ORDER IN COUNCIL, 1935.PRESENT,
The King's Most Excellent Majesty in Council.
Whereas by Treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty the King has jurisdiction within the places referred to in the Orders mentioned in the Schedule hereto:
53 & 54 Vict. c.37 and 3 & 4 Geo. 5. c. 16.
Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1890 and 1913, or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—
1. This Order may be cited as "The Foreign Jurisdiction (Probates) Order in Council, 1935".
2.—(1) This Order extends to all persons and to all property subject to the jurisdiction conferred on the Court in matters of probate and administration by any of the Orders in Council mentioned in the Schedule hereto, or by any Order in Council substituted for any of them.
(2) This Order shall be exhibited in the public office of the highest of His Majesty's Courts established by each of the Orders specified in the Schedule, and shall take effect in the places referred to in each of the said Orders one month after the date on which this Order is first exhibited in that place as aforesaid (a).
3. The provisions of this Order shall be deemed to be supplementary to the powers conferred upon the Court by the Principal Order for the exercise of its jurisdiction in matters of probate or administration and shall have effect subject to the provisions of the Principal Order.
4. In the construction of this Order, unless there be something in the subject or context repugnant thereto:—
(a) all words or expressions defined or interpreted by the Interpretation Act, 1889, shall, unless otherwise defined in this Article, be interpreted in the same sense as in that Act provided;
(b) all rules of construction enacted by the said Act shall have effect as if this Order were an English Act of Parliament;
(c) the following words and expressions shall have the meaning hereby assigned to them:—
"Court" means the Court having jurisdiction under the Principal Order or the Rules made thereunder in matters of Probate and Administration.
"Personal Representative" means the executor or administrator for the time being of a deceased person.
"Principal Order" means the Order under which the Court exercising jurisdiction is established, including therein any Order amending or substituted for that Order.
"Property" includes things in action and any interest in real and personal property.
"Representation" means probate of a will or letters of administration.
5. There shall be payable upon the grant of representation in respect of the estate of a deceased person, being property within the limits of the Principal Order, such fees in accordance with the value of the estate as may be prescribed by Rules of Court made under the Principal Order.
6.—(1) The estate of a deceased person shall, for the purposes of this Order, be deemed to include:—
(a) Any property (i) taken as a donatio mortis causa made by the deceased person; or (ii) taken under a disposition, made by him purporting to operate as an immediate gift inter vivos whether by way of transfer, delivery, declaration of trust or otherwise, which shall not have been bona fide made three
(a) See Note at the end of this Order (p. 792 below).
years, or in the case of a gift for public or charitable purposes one year, before the death of the deceased person; or (iii) taken under any gift by him whenever made, of which property bona fide possession and enjoyment shall not have been assumed by the donee immediately upon the gift and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise; Provided that this paragraph shall not apply to any immediate gifts inter vivos which are made in consideration of marriage, or which are proved to the satisfaction of the Court to have been part of the normal expenditure of the deceased person and to have been reasonable having regard to the amount of his income or to the other circumstances of the case, or which in the case of any donee do not exceed in the aggregate one hundred pounds in value or amount;
(b) Any property, which the deceased person, having been absolutely entitled thereto, has caused to be transferred to or vested in himself and any other person or persons jointly, including therein any purchase or investment effected by such...
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