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Court of Probate Act 1857
Act of the Parliament of the United Kingdom From Wikipedia, the free encyclopedia
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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 It was followed by the Court of Probate Act 1858; both acts were repealed in 1982.
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Subsequent developments
Sections 70 to 80 of the act were repealed by section 56 of, and part I of the second schedule to, the Administration of Estates Act 1925 (15 & 16 Geo. 5.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).
Sections four, thirteen, twenty to twenty-three, twenty-nine, thirty, and forty-six to fifty-three, in section fifty-eight the words “ and the decision of the Court of Probate on such appeal shall be final,” sections fifty-nine, sixty-one to sixty-four and sixty-six to sixty-nine, eighty-seven, eighty-nine to ninety-three, one hundred and ten and one hundred and nineteen, and schedule A were repealed by section 226(1) of, and the sixth schedule to the Supreme Court of Judicature (Consolidation) Act 1925 (15 & 16 Geo. 5.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).
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Notes
- 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 38 of the Court of Probate Act 1858 (21 & 22 Vict. c. 95).
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