County Courts Act 1984

Probate proceedings E+W

[F1 32 Contentious probate jurisdiction. E+W

(1) Where—

(a) an application for the grant or revocation of probate or administration has been made through the principal registry of the Family Division or a district probate registry under section 105 of the M1 Supreme Court Act 1981; and

(b) it is shown to the satisfaction of a county court that the value at the date of the death of the deceased of his net estate does not exceed the county court limit,

the county court shall have the jurisdiction of the High Court in respect of any contentious matter arising in connection with the grant or revocation.

(2) In subsection (1) “net estate”, in relation to a deceased person, means the estate of that person exclusive of any property he was possessed of or entitled to as a trustee and not beneficially, and after making allowances for funeral expenses and for debts and liabilities.]

Textual Amendments

F1 S. 32 substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 51(1)

Marginal Citations

M1 1981 c.54 (37)

33 Effect of order of judge in probate proceedings. E+W

Where an order is made by . . . F2 a county court for the grant or revocation of probate or administration, in pursuance of any jurisdiction conferred upon [F3 the court]by section 32—

(a) the registrar of the county court shall transmit to the principal registry of the Family Division or a district probate registry, as he thinks convenient, a certificate under the seal of the court certifying that the order has been made; and

(b) on the application of a party in favour of whom the order has been made, probate or administration in compliance with the order shall be issued from the registry to which the certificate was sent or, as the case may require, the probate or letters of administration previously granted shall be recalled or varied by, as the case may be, a registrar of the principal registry of the Family Division or the district probate registrar according to the effect of the order.

Textual Amendments

F2 Words repealed by Administration of Justice Act 1985 (c. 61, SIF 34), s. 67(1)(2), Sch. 7 para. 7(a), Sch. 8 Pt. III

F3 Words substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 67(1), Sch. 7 para. 7(b)