PROBATES (RE-SEALING) 1

THE PROBATES (RE-SEALING) ACT Cap. 309.

[Zlth June, 2936.1

1. This Act may be cited as the Probates (Re-sealing) short title.
Act.

2. In this Act- Interpreta-
tioo.

“British court in a foreign country” means any British
court having jurisdiction out of the Commonwealth
in pursuance of an Order in Council, whether made
under any law or otherwise;

“Court of Probate” means any court or authority, by
whatever name designated, having jurisdiction in
matters of probate;

“probate” and “letters of administration” include confirm-
ation in Scotland, and any instrument having in any
other part of the Commonwealth the same effect which
under English law is given to probate and letters of
administration respectively;

“probate duty” includes any duty payable on the value
of the estate and effects for which probate or letters of
administration is or are granted.

3. Where a Court of Probate in any part of the Com- Sealing of
monwealth, or a British court in a foreign country, has p
either before or after, the passing of this Act, granted administra-
probate or letters of administration in respect of the estate outside the
of a deceased person, the probate or letters so granted
may, on being produced to, and a copy thereof deposited
with, the Supreme Court (in this Act referred to as “the
Court”), be sealed with the seal of that Court, and there-
upon shall be of the like force and effect, and have the
same operation in this Island as if granted by that Court.

robates and

tion granted

’ letters of

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2 PROBA TES (RE-SEA LING)

Conditions

fulfilled

4. The Court shall before sealing a probate or letters of

(a) that probate duty has been paid in respect of so
much, if any, of the estate as is liable to probate
duty in this Island; and

(b) in the case of letters of administration, that
security has been given in a sum sufficient in
amount to cover the property, if any, in this
Island to which the letters of administration relate,

and may require such evidence, if any, as it thinks fit as to
the domicile of the deceased person.

to be

before
sealing.

administration under this Act be satisfied-

Securityfor 5. The Court may also, if it thinks fit, on the applica-
tion of any creditor, require before sealing, that adequate
security be given for the payment of debts due from the
estate to creditors residing in this Island.

payment of
debts.

Duplicateof
COPY
admissible.

6. For the purposes of this Act, a duplicate of any
probate or letters of administration sealed with the seal of
the court granting the same, or a copy thereof certified as
correct by or under the authority of the court granting the
same, shall have the same effect as the original.

Rules 7. Rules of court may be made for regulating the pro-
cedure and practice, including fees and costs, in the Court,
on and incidental to an application for sealing a probate
or letters of administration under this Act. Subject to any
exceptions and modifications made by such rules, the
enactments for the time being in force in relation to
probate duty (including the penal provisions thereof) shall
apply as if the person who applies for sealing under this
Act were a person applying for probate or letters of
administration.

of court.

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