Administration of Estates Act 1971
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Change 1
SCHEDULE 1 Amendments Consequential on ss. 1-6
Section 7. 1 In section 1 of the Confirmation and Probate Amendment Act 1859 (indemnification of persons making payments upon confirmations etc.) for the words from “any such instrument” to “prescribe” there shall be substituted the words “any instrument purporting to be a probate or letters of administration issued by any court in England and Wales or Northern Ireland and noting the domicile of the deceased as being in England and Wales or in Northern Ireland, as the case may be”. 2 In section 6 of the Executors (Scotland) Act 1900 (transmission of trust funds by executors of sole or last surviving trustees), for the words from “or Ireland” to “Edinburgh” there shall be substituted the words “and Wales or Northern Ireland to his executors and noting his domicile in England and Wales or in Northern Ireland, as the case may be”. 3 In section 5(2)(b) of the Conveyancing (Scotland) Act 1924 (executor to have title to debt secured by heritable security), for the words from “issued by any court” to “that effect, and” there shall be substituted the words— issue - (a) by any court in England and Wales or Northern Ireland and noting his domicile in England and Wales or in Northern Ireland, as the case may be, or (b) by any court outwith the United Kingdom and sealed in Scotland under section 2 of the Colonial Probates Act 1892 and 4 In section 6(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (estate falling to Crown) for the words from “as well as” to the end of the subsection there shall be substituted the words “and Wales as well as in Scotland as an executor nominate to whom confirmation has been granted as mentioned in section 1 of the Administration of Estates Act 1971”. 5 In section 32(2)(b) of the Succession (Scotland) Act 1964 (certain testamentary dispositions to be probative), for the words from “issued” to “1858 or” there shall be substituted the words “has been issued in England and Wales or Northern Ireland in respect of property disposed of in the disposition and notes the domicile of the deceased in England and Wales or in Northern Ireland, as the case may be, or probate, letters of administration or other grant of representation issued outwith the United Kingdom in respect of such property has been”.
SCHEDULE 1 Amendments Consequential on ss. 1-6
Section 7. 1 In section 1 of the Confirmation and Probate Amendment Act 1859 (indemnification of persons making payments upon confirmations etc.) for the words from “any such instrument” to “prescribe” there shall be substituted the words “any instrument purporting to be a probate or letters of administration issued by any court in England and Wales or Northern Ireland and noting the domicile of the deceased as being in England and Wales or in Northern Ireland, as the case may be”. 2 In section 6 of the Executors (Scotland) Act 1900 (transmission of trust funds by executors of sole or last surviving trustees), for the words from “or Ireland” to “Edinburgh” there shall be substituted the words “and Wales or Northern Ireland to his executors and noting his domicile in England and Wales or in Northern Ireland, as the case may be”. 3 In section 5(2)(b) of the Conveyancing (Scotland) Act 1924 (executor to have title to debt secured by heritable security), for the words from “issued by any court” to “that effect, and” there shall be substituted the words— issue - (a) by any court in England and Wales or Northern Ireland and noting his domicile in England and Wales or in Northern Ireland, as the case may be, or (b) by any court outwith the United Kingdom and sealed in Scotland under section 2 of the Colonial Probates Act 1892 and 4 In section 6(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (estate falling to Crown) for the words from “as well as” to the end of the subsection there shall be substituted the words “and Wales as well as in Scotland as an executor nominate to whom confirmation has been granted as mentioned in section 1 of the Administration of Estates Act 1971”. 5 In section 32(2)(b) of the Succession (Scotland) Act 1964 (certain testamentary dispositions to be probative), for the words from “issued” to “1858 or” there shall be substituted the words “has been issued in England and Wales or Northern Ireland in respect of property disposed of in the disposition and notes the domicile of the deceased in England and Wales or in Northern Ireland, as the case may be, or probate, letters of administration or other grant of representation issued outwith the United Kingdom in respect of such property has been”.
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