The Practice of Probate and Administration Under 20 & 21 Vict., Cap. 77; Together with the Statute and an Appendix Containing the Rules and Orders Issued by the Court of Probate and the Tables of Fees (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858. Excerpt: ... RULES, ORDERS, AND INSTRUCTIONS FOR THE REGISTRARS OF THE PRINCIPAL REGISTRY o HER MAJESTY'S COURT OP PROBATE, Made under the provisions of the "Act to amend the Law relating to Probates and Letters of Administration in England," (20 4 21 Vict. cap. 77), tn respect of NON-CONTENTIOUS BUSINESS. Non-contentious business shall include all common form business as defined by the Act, and the warning of caveats. Application for Probate or Letters of Administration. 1. Application for probate or letters of administration may be made at the principal registry in all cases. 2. For the present such applications are to be made through a proctor, solicitor, or attorney. 3. In no ease should the registrars allow the probate or administration to issue until all the inquiries which they may see fit to institute have been answered to their satisfaction. The registrars are, notwithstanding, (o afford as great facility for the obtaining grants of probate or administration as is consistent with a due regard to the prevention of error or fraud. As to Probate of Wills and Codicils and Letters of Administration, with the Will or Will and Codicils annexed, where the Wills and Codicils or the Codicils only are dated after 81- December 1837. 4. If there be no attestation clause to a will preo sented for probate, or if the attestation clause theretbe insufficient, the registrars must require an affidavit from at least one of the subscribing witnesses, if either of them are living, to prove that the provisions of 1 Vict. e. 26, s. 9, and 15 & 16 Vict. c. 24, in reference to the execution of the will were in fact complied with; and such affidavit must be engrossed and form part of the probate, so that the same may be a perfect document on the face of it. 5. If on perusing the a...