Part IV Wills
Registration of wills
25 Regulations as to deposit and registration of wills etc.
1
Regulations may make provision—
a
as to the conditions for the deposit of a will;
b
as to the manner of and procedure for—
i
the deposit and registration of a will; and
ii
the withdrawal of a will which has been deposited; and
iii
the cancellation of the registration of a will; and
c
as to the manner in which the Principal Registry of the Family Division is to perform its functions as the national body under the Registration Convention.
2
Regulations under this section may contain such incidental or supplementary provisions as the authority making the regulations considers appropriate.
3
Any such regulations are to be made—
a
for England and Wales, by the President of the Family Division of the High Court of Justice, with the concurrence of the Lord Chancellor;
b
for Scotland, by the Secretary of State after consultation with the Lord President of the Court of Session; and
4
Regulations made by virtue of subsection (1)(c) above shall be made by the Lord Chancellor F2after consulting the Lord Chief Justice of England and Wales.
5
Subject to subsection (6) below, regulations under this section shall be made by statutory instrument and shall be laid before Parliament after being made.
6
F46A
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a statutory rule as it applies in relation to the laying of a statutory document under an enactment.
7
8
F79
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).