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PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - LONG
TITLE

An Act to amend the Law relating to Probates and Letters of
Administration in Ireland.
[25th August 1857]
The provisions of this Act, with the exception of those set out
below, have been repealed; for the repealing authorities see the
Chronological Table of the Statutes (NI)

Sections 6568, 7579 now apply only in relation to the estates of
persons who died before 1.1.1956

Sections 82 & 83 now apply only in relation to the estates of
persons who died before 1.1.1972

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 2
Interpretation of terms.

2. In the construction of this Act, unless the context be
inconsistent with the meaning hereby assigned

"Will" shall comprehend "testament" and all other testamentary
instruments of which probate may now be granted:

"Administration" shall comprehend all letters of administration of the
effects of deceased persons, whether with or without the will
annexed, and whether granted for general, special, or limited
purposes:

"Matters and causes testamentary" shall comprehend all matters and
causes relating to the grant and revocation of probate of wills or
of administration:

...

"The Court" shall mean Her Majesty's Court of Probate hereby
established, and shall also include the judge of the said Court:

"The judge" shall mean the judge of the said Court:

"The Court of Chancery" shall mean the High Court of Chancery in
Ireland:

"Accountant General" shall mean the Accountant General in the High
Court of Chancery in Ireland:

...

"Person" shall mean a body politic, corporate, or collegiate, as
well as an individual:

"Superior Courts" shall mean Her Majesty's Superior Courts of Record
at [Belfast]:

...

Short title of Act.

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 3

3. This Act may be cited as "The Probates and Letters of
Administration Act (Ireland), 1857."

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 4
Extent of Act.

4. This Act shall not extend to England or Scotland, except where
expressly mentioned.

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 65
Where a will affecting real estate is proved in solemn form or is
the subject of a contentious proceeding, the heir and persons
interested in the real estate to be cited.

65. Where proceedings are taken ... for proving a will in solemn
form, or for revoking the probate of a will, on the ground of the
invalidity thereof, or where in any other contentious cause or
matter ... the validity of a will is disputed, unless in the
several cases aforesaid the will affects only personal estate, the
heir-at-law, devisees and other persons having or pretending interest
in the real estate affected by the will, shall, subject to the
provisions of this Act, and to [rules of court made under section
55 of the Judicature (Northern Ireland) Act 1978], be cited to see
proceedings, or otherwise summoned in like manner as the next of
kin or others having or pretending interest in the personal estate
affected by a will should be cited or summoned, and may be
permitted to become parties or intervene for their respective
interests in such real estate, subject to such rules ..., and to
the discretion of the Court.

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 66
Where the will is proved in solemn form, or its validity is
otherwise decided on, the decree of the Court to be binding on the
persons interested in the real estate, &c.

66. Where probate of such will is granted after such proof in
solemn form, or where the validity of the will is otherwise
declared by the decree or order in such contentious cause or matter
as aforesaid, the probate, decree, or order respectively shall enure
for the benefit of all persons interested in the real estate
affected by such will; and the probate copy of such will, or the
letters of administration with such will annexed, or a copy thereof
respectively, stamped with the seal of [the Court or a seal
provided under section 115 of the Judicature (Northern Ireland) Act
1978], shall in all courts, and in all suits and proceedings
affecting real estate, of whatever tenure, (save proceedings by way
of [appeal against the probate, administration, decree or order in
question], or for the revocation of such probate or administration,)
be received as conclusive evidence of the validity and contents of
such will, in like manner as a probate is received in evidence in
matters relating to the personal estate; and where probate is
refused or revoked on the ground of the invalidity of the will, or
the invalidity of the will is otherwise declared by decree or order
..., such decree or order shall enure for the benefit of the
heir-at-law or other persons against whose interest in real estate
such will might operate; and such will shall not be received in
evidence in any suit or proceeding in relation to real estate, save
in any proceeding by way of appeal from such decrees or orders.

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 67
Heir, &c., in certain cases not to be cited, and, where not cited,
not to be affected by probate.

67. Nothing herein contained shall make it necessary to cite the
heir-at-law or other persons having or pretending interest in the
real estate of a deceased person, unless it is shown to the Court
and the Court is satisfied that the deceased was at the time of
his decease seised of or entitled to or had power to appoint by
will some real estate beneficially, or in any case where the will
propounded or of which the validity is in question would not in
the opinion of the Court, although established as to personalty,
affect real estate; but in every such case, and in any other case
in which the Court may, with reference to the circumstances of the
property of the deceased or otherwise, think fit, the Court may
proceed without citing the heir or other persons interested in real
estate: Provided, that the probate, decree, or order of the Court
shall not in any case affect the heir or any person in respect of
his interest in real estate, unless such heir or person has been
cited or made party to the proceedings, or derives title under or
through a person so cited or made party.

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 68
Probate or office copy to be evidence of the will in suits
concerning real estate, save where the validity of the will is put
in issue.

68. In any action at law or suit in equity, where, according to
the existing law, it would be necessary to produce and prove an
original will in order to establish a devise or other testamentary
disposition of or affecting real estate, it shall be lawful for the
party intending to establish in proof such devise or other
testamentary disposition to give to the opposite party, seven days
at least before the trial or other proceeding in which the said
proof shall be intended to be adduced, notice that he intends at
the said trial or other proceeding to give in evidence, as proof
of the devise or other testamentary disposition, the probate of the
said will or the letters of administration with the will annexed,
or a copy thereof stamped with any seal of the Court [or with a
seal provided under section 115 of the Judicature (Northern Ireland)
Act 1978]; and in every such case such probate or letters of
administration, or copy thereof respectively, stamped as aforesaid,
shall be sufficient evidence of such will and of its validity and
contents, notwithstanding the same may not have been proved in
solemn form, or have been otherwise declared valid in a contentious
cause or matter, as herein provided, unless the party receiving such
notice shall, within three days after such receipt, give notice that
he disputes the validity of such devise or other testamentary
disposition.

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 75
Administrator pendente lite.

75. Pending any suit touching the validity of the will of any
deceased person, or for obtaining, recalling, or revoking any probate
or any grant of administration, the Court of Probate may appoint an
administrator of the personal estate of such deceased person; and
the administrator so appointed shall have all the rights and powers
of a general administrator, other than the right of distributing the
residue of such personal estate; and every such administrator shall
be subject to the immediate control of the Court, and act under
its direction.

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 76
Receiver of real estate pendente lite.

76. It shall be lawful for the Court of Probate to appoint any
administrator appointed as aforesaid or any other person to be
receiver of the real estate of any deceased person pending any suit
in the Court touching the validity of any will of such deceased
person by which his real estate may be affected; and such receiver
shall have such power to receive all rents and profits of such
real estate, and such powers of letting and managing such real
estate, as the Court may direct.

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 77
Remuneration to administrators and receivers pendente lite.

77. The Court of Probate may direct that administrators and
receivers appointed pending suits involving matters and causes
testamentary shall receive out of the personal and real estate of
the deceased such reasonable remuneration as the Court think fit.

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 78
Discretionary power as to appointment of administrator in certain
cases.

78. Where a person has died or shall die wholly intestate as to
his personal estate, or leaving a will affecting personal estate,
but without having appointed an executor thereof willing and
competent to take probate, or where the executor shall at the time
of the death of such person be resident out of the United Kingdom
of Great Britain and Ireland, and it shall appear to the Court to
be necessary or convenient in any such case, by reason of the
insolvency of the estate of the deceased, or other special
circumstances, to appoint some person to be the administrator of the
personal estate of the deceased, or of any part of such personal
estate, other than the person who, if this Act had not been
passed, would by law have been entitled to a grant of
administration of such personal estate, it shall not be obligatory
upon the Court to grant administration of the personal estate of
such deceased person to the person who, if this Act had not
passed, would by law have been entitled to a grant thereof, but it
shall be lawful for the Court, in its discretion, to appoint such
person as the Court shall think fit to be such administrator, ...;
and every such administration may be limited as the Court shall
think fit.

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 79
Powers of recited Act shall be exercised by the Court in Ireland,
&c.

79. ... At the expiration of twelve calendar months from the death
of any testator or intestate, if the executor to whom probate has
been granted or the administrator to whom administration has been
granted by the Court, be residing out of the jurisdiction of Her
Majesty's Courts of Law or Equity in Ireland, the Court shall, upon
the application of any creditor, next of kin, or legatee, grounded
upon an affidavit, have and exercise all the powers by the said
Act given to the ecclesiastical courts in England in cases where
the executor to whom probate has been granted by any of such
courts is residing out of the jurisdiction of the Courts of Law
and Equity in England; and all the powers by the said recited Act
given to Courts of Equity in England shall, so far as relates to
property and to suits in Ireland, be exercised by the Court of
Chancery in Ireland; and the powers thereby given to the Accountant
General of the High Court of Chancery in England, or to the
secretary or deputy secretary of the Governor or Company of the
Bank of England, shall be exercised by the Accountant General of
the Court of Chancery in Ireland, and by the officers and the
Governor and Company of the Bank of Ireland respectively.

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 82
Payments under revoked probates or administrations to be valid.

82. Where any probate or administration is revoked under this Act,
all payments bona fide made to any executor or administrator under
such probate or administration, before the revocation thereof shall
be a legal discharge to the person making the same; and the
executor or administrator who shall have acted under any such
revoked probate or administration may retain and reimburse himself in
respect of any payments made by him which the person to whom
probate or administration shall be afterwards granted might have
lawfully made.

PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 83
Persons, &c. making payment upon probates, &c. granted for estate of
deceased person to be indemnified.

83. All persons and corporations making or permitting to be made
any payment or transfer bona fide upon any probate or letters of
administration granted in respect of the estate of any deceased
person, under the authority of this Act, shall be indemnified and
protected in so doing, notwithstanding any defect or circumstance
whatsoever affecting the validity of such probate or letters of
administration.






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URL: http://www.bailii.org/nie/legis/num_act/paloaa1857444.txt