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Probate of Deeds Act


Published: 1863-01-01

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PROBATE OF DEEDS 1

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THE PROBATE OF DEEDS ACT
ARRANGEMENT OF SECTIONS

Short title.
Definitions.
[Repealed by Act 39 of 1999.1
Execution of deeds in Commonwealth countries.
Execution d deeds in foreign states.
Deeds executed outside the Island may be proved or acknow-

As to deeds so proved or acknowledged before April, 1886.
Declaration in lieu of oath.
Deeds executed in this Island.
Amendment retrospective.
A deed may be executed in any place.
One witness sufficient to prove execution of deed.
Deed proved previous to 1863.
Deed requiring probate before 1863.

ledged before Notary Public.

mhe inclusion of this page is authorized by L.N. 3/2001]

PROBATE OF DEEDS 3

Cap. 308.
LnW THE PROBATE OF DEEDS ACT

15 of 1962 ~.-~ - .~
s. 35,

39 d1999.
[1863.1 Ad

1. This Act may be cited as the Probate of Deeds Act. Shorttitle.

2. In this Act- Definitione.
“deed” includes power or letter of attorney;
“Diplomatic officer” means an Ambassador, High Commis- 39/1999

S. 2 (b). sioner, Envoy, Minister, Charge d’maires, Secretary of
Embassy or Legation, Consul-General, Consul, Vice-
Consul, Acting Consul or Consular Agent.

3. [Repealed by Act 39 of 1999.1

4. All deeds executed in any Commonwealth country shall Exeoutbn be proved on the oath or affirmation of the subscribing of deeds in
wealth
Oountriea.

witnesses, or be acknowledged by the parties before-
(a) any person having authority to attest to such ;92*

(b) any Jamaican diplomatic officer exercising his

and certified under the hand and official seal of such person
or diplomatic officer, as the case may be, or, if there is no
such official seal, certified under the hand and seal of such
person or diplomatic officer and stating that no such official
seal exists.

documents in that country; or

functions in that country,

5. All deeds executed in any foreign state shall be proved f;?zh
on the oath or affirmation of the subsaibing witnesses or fweim
be acknowledged by the parties before a Jamaican or Rritish $$&
diplomatic officer exercising his funotions in that state, and S. 4-

[The inclusion of this page is authorized by L.N. 3/2001]

4 PROBATE OF DEEDS

Deeds
executed
outside the
Island may
be proved
or acknow-
ledged
before
Notary
Public.

certified under the hand and official seal of that diplomatic
officer, or, if there is no such official seal, certified under the
hand and seal of that diplomatic officer and stating that no
such official seal exists.

6. From and after the twenty-first day of April, 1886,
deeds executed in any country outside the limits of this
Island may be proved on the oath or armation of any
subscribing witness thereto, or be acknowledged by any
party or parties thereto, before any Notary Public or
person exercising the functions of a Notary Public in such
country; and every deed so proved or acknowledged in any
such country shall be deemed to be sufficiently proved
or acknowledged, provided that such probate or acknow-
ledgment purports to be certified under the hand and
seal of such Notary Public, and provided that where any
deed purports to have been proved or acknowledged before
any Notary Public in any foreign state or country there
be annexed to such deed a certificate, under the hand and
seal of the appropriate officer of such foreign state or
country, to the effect that the person before whom such
deed is so proved is a Notary Public duly commissioned
and practising in such foreign state or country, or some
portion thereof, and that full faith and credit can be given
to his acts.

AS to deeds 7. Any deed which previously to the twenty-first day
oracknow- of April, 1886, may have been proved or acknowledged in
ledged before manner authorized by section 6 shall be as valid and
* p n ~ 1886. effectual as if such enactment had been then in force.

so proved

Declaration 8. Where by any Statute having the force and effect of
law in any part of Great Britain or Northern Ireland a
declaration is or shall be substituted for an oath or affirma-
tion, it shall be sufficient for the subscribing witness or
witnesses to any such deed to prove the execution thereof
by such declaration, in lieu and stead of his oath or
aflirmation.

in lieu of
oath.

[The inclusion of this page is authorized by L.N. 3/2001]

PROBATE OF DEEDS 5

9. All deeds executed in this Island shall be proved on Deeds executed in
the oath or affirmation of the subscribing witness or this Island.
witnesses, or acknowledged by the party or parties before S. 35.
the Governor-General, or any of the Judges of the Court
of Appeal or of the Supreme Court, or any Justice of this
Island; and such probate shall bear the true temporal date
thereof.

1.51 1962

10. No deed executed in this Island since the year 1863, Amendment
retrospec- shall be deemed to be invalid or insufficiently proved by tive.

reason only of the probate thereof not bearing the local
date thereof.

11. A deed may be executed in any place whatsoever A deed may
and may be proved by the subscribing witness or witnesses, ~ a ~ ~ ~ ~ ~ ,
or acknowledged by the party or parties; and such deed
shall be as effectual as if proved or acknowledged at the
place of the execution thereof.

12. Where more than one witness shall attest the sufficient One witness to
execution of any one party or more, it shall be sufficient prove
to prove the execution of the deed by such party or parties of deed.
by one of the said subscribing witnesses.

execution

13. Any deed which, previous to the year 1863, may Deed
have been proved or acknowledged in manner required by previous
sections 3 ,4 ,5 , 8, 9, 1 1 and 12 shall be as valid and effectual
as if this Act had been then in force.

proved

to 1863.

14. This Act shall not render it imperative or necessary Deed
to prove or acknowledge any deed which, previous to the probate
year 1863, was not required to be proved or acknowledged, before
nor be construed to alter the existing rules of law or equity
as to the effect and operation of any deed which, although
requiring to be proved or acknowledged, may not be so
proved or acknowledged.

requiring

[The inclusion of this page is authorized by L.N. 3/2001]