The Court of Probate Act 1857 (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) and a number of district probate registries. It was followed by the Court of Probate Act 1858; both acts were repealed in 1982.
| Act of Parliament | |
| 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 | England and Wales |
| Dates | |
| Royal assent | 25 August 1857 |
| Commencement | 11 January 1858 |
| Repealed | 1 January 1982 |
| Other legislation | |
| Amended by |
|
| Repealed by | Supreme Court Act 1981 |
Status: Repealed | |
| Text of statute as originally enacted | |
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Sections 70 to 80 of the act were repealed by section 56 of, and part I of the second schedule to, the Administration of Estates Act 1925 (15 & 16 Geo. 5.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eighty-seven, eighty-nine to ninety-three, one hundred and ten and one hundred and nineteen, and schedule A were repealed by section 226(1) of, and the sixth schedule to the Supreme Court of Judicature (Consolidation) Act 1925 (15 & 16 Geo. 5.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).
Bibliography
- Herber, Mark (2004). Ancestral Trails: The Complete Guide to British Genealogy and Family History, p. 214. Sutton Publishing.
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