Senior Courts Act 1981

128 Interpretation of Part V and other probate provisions. E+W

In this part, and in the other provisions of this Act relating to probate causes and matters, unless the context otherwise requires—

• “administration” includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes;

• “estate” means real and personal estate, and “real estate” includes—

  (a)

  chattels real and land in possession, remainder or reversion and every interest in or over land to which the deceased person was entitled at the time of his death, and

  (b)

  real estate held on trust or by way of mortgage or security, but not F1 . . . money secured or charged on land;

• “grant” means a grant of probate or administration;

• “non-contentious or common form probate business” means the business of obtaining probate and administration where there is no contention as to the right thereto, including—

  (a)

  the passing of probates and administrations through the High Court in contentious cases where the contest has been terminated,

  (b)

  all business of a non-contentious nature in matters of testacy and intestacy not being proceedings in any action, and

  (c)

  the business of lodging caveats against the grant of probate or administration;

• “Principal Registry” means the Principal Registry of the Family Division;

• “probate rules” means rules of court made under section 127;

• “trust corporation” means the Public Trustee or a corporation either appointed by the court in any particular case to be a trustee or authorised by rules made under section 4(3) of the M1 Public Trustee Act 1906 to act as a custodian trustee;

• “will” includes a nuncupative will and any testamentary document of which probate may be granted.

Textual Amendments

F1 S. 128: words in para. (b) in the definition of “real estate” repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2

Modifications etc. (not altering text)

C1 S. 128: definition of "non-contentious or common form probate business" applied (1.7.1991) by Courts and Legal Services Act 1991 (c. 41, SIF 76:1), s. 56(5); S.I. 1991/1364, art. 2, Sch

C2 S. 128: definition of "trust corporation" amended (retrospectively) by Charities Act 1960 (c. 58), s. 21A(e) (as inserted and modified (1.9.1992) by Charities Act 1992 (c. 41), s. 14(1)(2); S.I. 1992/1900, art. 2(1), Sch. 1)

S. 128: definition of "trust corporation" extended (retrospectively) by 1993 c. 10, ss. 35(1)(e)(2)

C3 S. 128 extended (retrospectively) by Charities Act 2011 (c. 25), Sch. 7 para. 3(1)(2)(e)(3) (with s. 20(2), Sch. 7 para. 3(4), Sch. 8)

C4 S. 128 modified by 2010 c. 32, s. 12(1A)(1B) (as inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 20(2); S.I. 2012/84, art. 3 (with art. 5))

C5 S. 128 definition extended (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 1 para. 7(e) (with ss. 42(4), 48, 52(1))

C6 S. 128 modified (31.10.2022) by 2011 c. 25, s. 334A(2) (as inserted by Charities Act 2022 (c. 6), ss. 32(1), 41(4) (with s. 32(2)); S.I. 2022/1109, Sch. para. 7)

Marginal Citations

M1 1906 c. 55.