SCHEDULES

SCHEDULE 3Determination of date when representation is first taken out

I13

In section 20 of the Administration of Justice Act 1982 (rectification of wills), for subsection (4) substitute—

4

The following are to be left out of account when considering for the purposes of this section when representation with respect to the estate of a deceased person was first taken out—

a

a grant limited to settled land or to trust property,

b

any other grant that does not permit any of the estate to be distributed,

c

a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,

d

a grant, or its equivalent, made outside the United Kingdom (but see subsection (5)).

5

A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of subsection (4), but is to be taken as dated on the date of sealing.