COLONIAL PROBATES ACT 1892 - SECT 2 Sealing in United Kingdom of colonial probates and letters of administration.

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COLONIAL PROBATES ACT 1892 - SECT 2

Sealing in United Kingdom of colonial probates and letters of administration.

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 [then (subject to section 156A of the Supreme
Court of Judicature (Consolidation) Act 1925, section 42 of the Probate and
Legacy Duties Act 1808 and section 99A of the Probates and Letters of
Administration Act (Ireland) 1857)], 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) Provided that the court shall, before sealing a probate or
letters of administration under this section, be satisfied

Para.(a) rep. by 1975 c.7 s.59 sch.13 Pt.I

(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 letters of administration relate;

(3) The court may also, if it thinks fit, on the application of any creditor,
require, before sealing, that adequate security shall be given for the payment
of debts due from the estate to creditors residing in the United Kingdom.

(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) 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 sealing a probate or letters of administration granted
in a British possession to which this Act applies. ....

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Northern Irish Legislation

COLONIAL PROBATES ACT 1892 - SECT 2