PART IIIPOWERS AND PROCEDURE OF COURTS
Documents and records
Keeping and inspection of wills and other documents23.
(1)
Subject to paragraph (2), all original wills of which representation has been granted in the Probate and Matrimonial Office and such other documents as the Lord Chancellor may direct shall be kept in that Office or at such other place as theF1Lord Chief Justice may direct.
(2)
Where representation of a will has been granted in a branch office of the Probate and Matrimonial Office, the original will shall be kept in that branch office or at such other place as theF2Lord Chief Justice may direct.
(3)
The wills and documents mentioned in paragraph (1) and the wills mentioned in paragraph (2) may be inspected in accordance with rules of court.
(4)
Paragraphs (1) and (2) shall have effect subject to the provisions of the Public Records Act (Northern Ireland) 1923 M1 (which provides for the establishment of a Public Record Office of Northern Ireland and for the removal to that Office of certain public records, including court records, appertaining to Northern Ireland).
F3(5)
The Lord Chief Justice may nominate any of the following to exercise his functions under this Article—
(a)
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).
Records of grants24.
(1)
Records shall be kept of all grants issued or resealed by the Probate and Matrimonial Office.
(2)
The records shall be in such form and contain such particulars as theF4Lord Chief Justice may direct.
F5(3)
The Lord Chief Justice may nominate any of the following to exercise his functions under this Article—
(a)
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).
Official copies of wills and certificates of grants25.
(1)
An official copy of a will, or a certificate of a grant, may be obtained from the Probate and Matrimonial Office.
(2)
Without prejudice to the provisions of section 4(2)( b) of the Administration of Estates Act 1971 M2 (evidence of Northern Ireland grants in England and Wales and in Scotland), an official copy of a will shall be sufficient evidence of the will, and a certificate of a grant shall be sufficient evidence of the grant.
Copies of wills, etc., to be delivered to Inland Revenue Commissioners26.
(1)
Subject to any arrangements which may from time to time be made between theF6Lord Chief Justice and the Commissioners of Inland Revenue, the Probate and Matrimonial Office shall, within such period after a grant as theF6Lord Chief Justice may direct, deliver to the Commissioners or their proper officer the following documents—
(a)
in the case of a probate or of administration with a will annexed, a copy of the will (if required) and, where the deceased died before 13th March 1975, the Inland Revenue affidavit;
(b)
in the case of administration without a will annexed of the estate of a person dying before 13th March 1975, the Inland Revenue affidavit;
(c)
in every case of administration where the Commissioners so require, a copy or extract of the letters of administration;
(d)
in every case, such certificate or note of the grant as the Commissioners may require.
F7(1A)
The Lord Chief Justice may nominate any of the following to exercise his functions under this Article—
(a)
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).
(2)
In this Article “Inland Revenue affidavit” has the same meaning as in Part I of the Finance Act 1894 M3.
Depositories of wills of living persons27.
F8(1)
Safe and convenient depositories for the custody of wills of living persons shall be provided and managed in accordance with F9directions given by the Lord Chief Justice with the concurrence of the Lord Chancellor.
F10(2)
The Lord Chief Justice may nominate any of the following to exercise his functions under this Article—
(a)
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).