Supreme Court Act 1981

106 Grants by district probate registrars

(1) Any grant made by a district probate registrar shall be made in the name of the High Court under the seal used in the registry.

(2) No grant shall be made by a district probate registrar—

(a) in any case where there is contention, until the contention is disposed of; or

(b) in any case where it appears to him either—

(i) that a grant ought not to be made without the directions of the High Court under subsection (4), or

(ii) that a grant ought not to be made until any particular matter relating to the grant, or to an application for it, has been determined by the High Court otherwise than under that subsection.

(3) In any case where subsection (2)(b)(i) applies, the district probate registrar shall send a statement of the matter in question to the Principal Registry for the directions of the court.

(4) Where its directions are sought under subsection (3), the High Court may either direct the district probate registrar to proceed with the matter in accordance with such instructions as it may think necessary, or direct him to take no further action in relation to the matter.