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PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 68

Probate or office copy to be evidence of the will in suits concerning real estate, save where the validity of the will is put in issue.

68. In any action at law or suit in equity, where, according to the existing
law, it would be necessary to produce and prove an original will in order to
establish a devise or other testamentary disposition of or affecting real
estate, it shall be lawful for the party intending to establish in proof such
devise or other testamentary disposition to give to the opposite party, seven
days at least before the trial or other proceeding in which the said proof
shall be intended to be adduced, notice that he intends at the said trial or
other proceeding to give in evidence, as proof of the devise or other
testamentary disposition, the probate of the said will or the letters of
administration with the will annexed, or a copy thereof stamped with any seal
of the Court [or with a seal provided under section 115 of the Judicature
(Northern Ireland) Act 1978]; and in every such case such probate or letters
of administration, or copy thereof respectively, stamped as aforesaid, shall
be sufficient evidence of such will and of its validity and contents,
notwithstanding the same may not have been proved in solemn form, or have been
otherwise declared valid in a contentious cause or matter, as herein provided,
unless the party receiving such notice shall, within three days after such
receipt, give notice that he disputes the validity of such devise or other
testamentary disposition.

© 1857 Crown Copyright

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