COLONIAL PROBATES ACT, 1892

COLONIAL PROBATES ACT, 1892

4.-THE COLONIAL PROBATES ACT, 1892.

Order in Council, 15th March, 1893.

At the Court at Windsor, the 15th day of March 1893,

PRESENT:

The Queen's Most Excellent Majesty.
WHEREAS by the first section of the Colonial Probates Act, 1892, it is
enacted as follows:-

'ITer Alfaiesty the Queen may, on bein,, satisfied that the Legislature of
any British possession has made adequate provision for the recoginition
in that possession of probates and letters of administration ranted by
the Courts of the United Kingdom, diroct 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.'
AND WHEREAS Her Afajesty is satisfied that the Lelgislatures of the
British Possessions hereinafter mentioned have made adequate provision
for the recognition in those possessin of Probates and Letters of
Administration granted by the Courts of the United Kingdom;
NOW, THEREFORE, Her Majesty, bY virtue and in exercise of the pmvers
by, the above-recited Act in Her Majesty vested, is pleased by and with
die advice of Her _Alost Honourable Privy Council to order, and it is
hereby ordered, as follows:-
The Colonial Probates Act, 1892, shall apply to the British Possessions
hereunder mentioned-
Hongkong,
Western Australia, and
The Province of Ontario in the Dominion of Canada.

ACT OF 1892-55 & 56 VICT. c. 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.]

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 pro-bates 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.





P.-(1) Where a Court of Probate in a British possession to which. this
Act applies lias 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, there-
upon, shall ho of the like force and have the same operation in the
United Kingdom, as if granted by that Court.

(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 Kingdoin,; and

(1)) in the case of letter- of admiinisteration, that security has been given

in a sum sufficient in aniount to cover the property(if any) in the United
Kingdom to which letters of administration relate

and may require such evidence, if any, as it thinks fit as. to the domicile
of the deceased person.

(3) The Court may also, if it thinks lit, on the application of any
creditor, require, before scaling, that adequate securitY be given for the
payinent of deMs due from the estate to creditors residing in the United
E-ingdom.

(4) For the purposes of this section, a duplicate of any probate or
letters of adininistration sealed with the seal of the Court grantincy
the, same or a copy thereof certified as correct by or under the
authority of the Court granting the same. shall have the sanie effect
as the o

(5) Rules of court may be inade for regulating the procedure and
practice, including fees and costs, la Courts of the United Kingdom, on
and incidental to an application for scaling a probate or letters of admin-
istration granted in a British possession to which this Act 'applies. Such
rules shall, so far as they relate to probate duty, be niaele with the
consent of the Treasury and subject to any exceptions and modifications
made by such rules, the enactments for the time bein., in force in relation,
to probate duty ',,including the penal provisions thereof) shall apply as if
the person who applies for scaling under this section were a person
applying for probate or letters of administration.

3. This Act shall extend to authorise the scaling in the United King-
dom of any probate or letters of administration granted by a British
Court in a foreign conntry, in like manner as it authorises the sealing
of a probate or letters of administration granted lu a British possession
to which this Act applies, and . the Provisions of this Act shall apply
accordingly with the necessary modifications.

4.-(1) Every Order in Council made under this Act shall be laid
before both Houses of Parliament as soon as may be after it is inade, and
shall be published under the authority of Her mfajesty's Stationery Office
(2) Her *Majesty the Queen in Council may revoke or alter any Order
in Council previously made under this Act.
(3) Where it appears to Her Majesty in Council that the Legislature of*
part of a British possession has power to make the provision requisite
for bringing this Act into operation in that part, it shall be lawful for
ller Majesty to direct by Order in Council that this Act shall apply to
that part as if it were a separate British possession, and thereupon, while
the Order is in force, this Act shall apply accordingly.

5. This Act when applied by an Order in Council to a British possession
shall, subject to the provisions of the Order, apply to probates and letters
of administration granted in that possession either before or after the
passing of this Act.

6. In this Act-
the expression 'Court of Probate' means any Court or authority, by
whatever nanic designated, havin,g Jurisdiction 'In matters of probate and
in Scotland means the Sheriff Court of the County of Edinburgh:
the expressions 'probate' and 'letters of administration' include.
confirmation in Scotland, and any instramenthavin', in a British possession
the same effect which under English law is given to probate and letters
of administration respectively
the expression ' probate duty includes any duty payable on the value
of the estate -and effects for which probate or letters of administration is
or are granted:
the expression ' British Court in a foreign country ' means any
British Court having jurisdiction out of the Queen's Dominions in
pursuance of an Order in Council, whether made under any Act or other-
wise.

7. This Act may be cited as the Colonial Probates Act, 1892.
Application of Act by Order in Council. Act of 1892. Sealing in United Kingdom of colonial probates and letters of administraion. Application of Act to British Courts in foreign countries. Act of 1892. Order in Council. Application of Act to probates,&c.,already granted. Definitions. Short title.

Application of Act by Order in Council. Act of 1892. Sealing in United Kingdom of colonial probates and letters of administraion. Application of Act to British Courts in foreign countries. Act of 1892. Order in Council. Application of Act to probates,&c.,already granted. Definitions. Short title.

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