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Administration of Justice Act 1956

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This is the original version (as it was originally enacted).

17Miscellaneous provisions as to probates and administrations

(1)Where it appears to the High Court that a probate or administration either ought not to have been granted or contains an error, the court may call in the probate or administration and, if satisfied that it would be revoked at the instance of a party interested, may revoke it.

(2)A probate or administration may be revoked under subsection (1) of this section without being called in if it cannot be called in.

(3)Section one hundred and sixty-nine of the principal Act (which relates to the reseating of probates and administrations granted in Northern Ireland) shall (as amended by section ten of the Administration of Justice Act, 1928)—

(a)apply and be deemed always to have applied to grants in respect of all the estate of a person as it applies to grants in respect of the personal estate of a person;

(b)have effect and be deemed always to have had effect as if the requirement in paragraph (a) of subsection (3) thereof as to the production of a certificate that a bond has been given applied only to administrations and not to probates.

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