Administration of Justice Act 1925

18 Extension of power to make grants of probate and administration in district probate registries

(1) The power of a district probate registrar to grant probate of a will or letters of administration may be exercised whether the testator or intestate, as the case may be, had or had not at the time of his death a fixed place of abode Within the district of the registry, and accordingly the words " if it shall appear by affidavit of " the person or some or one of the persons applying for " the same that the testator or intestate, as the case may " be, at the time of his death had a fixed place of abode " within the district in which the application is made, " such place of abode being stated in the affidavit," in section forty-six of the Court of Probate Act, 1857, shall cease to have effect.

(2) Notwithstanding anything in section sixty-three of the Court of Probate Act, 1857, it shall not be necessary to give notice of a caveat entered in the principal registry to the district probate registrar of the district, if any, in which it is alleged that the deceased resided at the time of his death unless the registrar of the principal registry thinks it expedient so to do.

(3) The provisions of this section shall have effect subject to such rules and orders as may be made by the President in pursuance of section thirty of the Court of Probate Act, 1857, and shall come into operation on such date as the President, with the concurrence of the Lord Chancellor, may direct.