Search Legislation

Senior Courts Act 1981

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Interpretation of Part V and other probate provisions

 Help about opening options

Changes to legislation:

Senior Courts Act 1981, Cross Heading: Interpretation of Part V and other probate provisions is up to date with all changes known to be in force on or before 23 February 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Interpretation of Part V and other probate provisionsE+W

128 Interpretation of Part V and other probate provisions.E+W

In this part, and in the other provisions of this Act relating to probate causes and matters, unless the context otherwise requires—

  • administration” includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes;

  • estate” means real and personal estate, and “real estate” includes—

    (a)

    chattels real and land in possession, remainder or reversion and every interest in or over land to which the deceased person was entitled at the time of his death, and

    (b)

    real estate held on trust or by way of mortgage or security, but not F1. . . money secured or charged on land;

  • grant” means a grant of probate or administration;

  • non-contentious or common form probate business” means the business of obtaining probate and administration where there is no contention as to the right thereto, including—

    (a)

    the passing of probates and administrations through the High Court in contentious cases where the contest has been terminated,

    (b)

    all business of a non-contentious nature in matters of testacy and intestacy not being proceedings in any action, and

    (c)

    the business of lodging caveats against the grant of probate or administration;

  • Principal Registry” means the Principal Registry of the Family Division;

  • probate rules” means rules of court made under section 127;

  • trust corporation” means the Public Trustee or a corporation either appointed by the court in any particular case to be a trustee or authorised by rules made under section 4(3) of the M1Public Trustee Act 1906 to act as a custodian trustee;

  • will” includes a nuncupative will and any testamentary document of which probate may be granted.

Textual Amendments

F1S. 128: words in para. (b) in the definition of “real estate” repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch.4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2

Modifications etc. (not altering text)

C1S. 128: definition of "non-contentious or common form probate business" applied (1.7.1991) by Courts and Legal Services Act 1991 (c. 41, SIF 76:1), s. 56(5); S.I. 1991/1364, art. 2, Sch

C2S. 128: definition of "trust corporation" amended (retrospectively) by Charities Act 1960 (c. 58), s. 21A(e) (as inserted and modified (1.9.1992) by Charities Act 1992 (c. 41), s. 14(1)(2); S.I. 1992/1900, art. 2(1), Sch. 1)

S. 128: definition of "trust corporation" extended (retrospectively) by 1993 c. 10, ss. 35(1)(e)(2)

C4S. 128 modified by 2010 c. 32, s. 12(1A)(1B) (as inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 20(2); S.I. 2012/84, art. 3 (with art. 5))

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources