Administration of Estates Act 1971

12 Repeals and savings.U.K.

(1)The enactments specified in Part I of Schedule 2 to this Act (which include an enactment of the Parliament of Northern Ireland) are hereby repealed to the extent specified in the third column of that Schedule and the Government of Ireland (Re-sealing of Probates etc.) Order 1923 is hereby revoked.

(2)So far as they relate to England and Wales only, the enactments specified in Part II of Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)Nothing in this Act shall affect the liability of any person for, or alter the incidence of, estate duty, including estate duty payable under the law for the time being in force in Northern Ireland.

(4)The following provisions of this Act, that is to say—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(b)section 11 (other than subsection (2)); and

(c)the repeals specified in Part II of Schedule 2 to this Act, other than the repeal of section 34(2) of the M1Administration of Estates Act 1925;

shall not apply in relation to grants of administration made by the High Court before the commencement of this Act or to sealing by that court before the commencement of this Act of administration granted in any country or territory outside the United Kingdom.

(5)Any administration bond given before the commencement of this Act . . . F2 under the M2Colonial Probates Act 1892 may be enforced and assigned as if this Act had not been passed.

(6)Section 10 of this Act and the repeal by this section of section 34(2) of the M3Administration of Estates Act 1925 shall not apply in relation to the estates of persons dying before the commencement of this Act.

Textual Amendments

Modifications etc. (not altering text)

C1The text of ss. 7, 9, and 12(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations