Court of Probate Act 1857
| Act of Parliament | |
.svg.png) | |
| Long title | An Act to amend the Law relating to Probates and Letters of Administration in England. |
|---|---|
| Citation | 20 & 21 Vict. c. 77 |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 25 August 1857 |
| Commencement | 11 January 1858[b][1] |
| Repealed | 1 January 1982 |
| Other legislation | |
| Amended by |
|
| Repealed by | Senior Courts Act 1981 |
Status: Repealed | |
| Text of statute as originally enacted | |
The Court of Probate Act 1857[a] (20 & 21 Vict. c. 77) was an act of the Parliament of the United Kingdom that transferred responsibility for the granting of probate, and letters of administration, from the ecclesiastical courts of England and Wales to a new civil Court of Probate. It created a Principal Probate Registry in London (Somerset House)[2] and a number of district probate registries. It was followed by the Court of Probate Act 1858 (21 & 22 Vict. c. 95)
Subsequent developments
Section 7 of the act was repealed by section 1 of, and part II of schedule one to, the Promissory Oaths Act 1871 (34 & 35 Vict. c. 48), which came into force on 13 July 1871.[3]
Sections 70–80 of the act were repealed by section 56 of, and part I of the second schedule to, the Administration of Estates Act 1925 (15 & 16 Geo. 5. c. 23), which came into force on 1 January 1926.[4]
Sections 4, 13, 20–23, 29, 30 and 46–53, the words “ and the decision of the Court of Probate on such appeal shall be final,” in section 58, sections 59, 61–64 and 66–69, 87, 89–93, 110 and 119 of, and schedule A to, the act were repealed by section 226(1) of, and the sixth schedule to the Supreme Court of Judicature (Consolidation) Act 1925 (15 & 16 Geo. 5. c. 49), which came into force on 1 January 1926.[5]
Sections 55–57 of the act were repealed by section 193(4) of, and the fifth schedule to, the County Courts Act 1934 (24 & 25 Geo. 5. c. 53), which came into force on 1 January 1937.[6]
The whole act was repealed by section 152(4) of, and schedule 7 to, the Senior Courts Act 1981, which came into force on 1 January 1982.[7]
Notes
- 1 2 The citation of this act by this short title was authorised by section 1 of, and the first schedule to, the Short Titles Act 1896. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978. This short title was previously conferred on this act by section 3 of the Court of Probate Act 1858 (21 & 22 Vict. c. 95).
- ↑ Section 1.
References
- ↑ Order in Council dated 2 December 1857, made under section 1: See Richard Jebb, The Act to amend the Law relating to Probates and Letters of Administration in England, London, 1858, p 39.
- ↑ "Somerset House: Court of Probate. Elevation of New Principal Registry". National Archives. Retrieved 5 April 2018.
- ↑ "Promissory Oaths Act 1871", legislation.gov.uk, The National Archives, Vict/34-35 c. 48
- ↑ "Administration of Estates Act 1925", legislation.gov.uk, The National Archives, Geo5/15-16 c. 23
- ↑ "Supreme Court of Judicature (Consolidation) Act 1925", legislation.gov.uk, The National Archives, Geo5/15-16 c. 49
- ↑ "County Courts Act 1934", legislation.gov.uk, The National Archives, Geo5/24-25 c. 53
- ↑ "Senior Courts Act 1981", legislation.gov.uk, The National Archives, 1981 c. 54
Bibliography
- Herber, Mark (2004). Ancestral Trails: The Complete Guide to British Genealogy and Family History, p. 214. Sutton Publishing.
External links
- Text of the Court of Probate Act 1857 as originally enacted or made within the United Kingdom, from legislation.gov.uk.
- HMCS Probate Service