Probate Court - Law Dictionary Search Results
Home Dictionary Name: probate courtProbate, Court of
Probate, Court of, a tribunal established by the Court of Probate Act, 1857, to which the former jurisdiction of the ecclesiastical courts in testamentary matters was transferred. By Jud. Act, 1873, it was merged in the Supreme Court of Judicature, q.v. See WILLS....
probate court
probate court : a court that has jurisdiction over the probate of wills and administration of estates and sometimes over the affairs of minors and persons adjudged incompetent compare orphans' court ...
Administrator
Administrator, means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002). [Income Tax Act, 1961, s. 80C(8)(i)].Administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor. [Indian Succession Act (39 of 1925) s. 2(a)]--he to whom the property of a person dying intestate, or without executors appointed, accepting, or surviving, is committed by the Probate Court (now the Probate, Divorce and Admiralty Division of the High Court of Justice). (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 56(3). By the (English) Court of Probate Act,1857 (20 & 21 Vict. c. 77) (re-enacted in (English) Supreme Court of Judicature (Consolidation) Act, 1925, s. 175), 'Administration' includes all letters of administration of the effects of deceased persons, whether with or without the will annexed, and whether granted for ge...
probate
probate [Latin probatum, neuter of probatus, past participle of probare to test, approve, prove] 1 a : the process of proving in a court of competent jurisdiction (as a probate court) that an instrument is the valid last will and testament of a deceased person ;broadly : the process of administering an estate b : the judicial determination that a will is valid 2 : the officially authenticated copy of a probated will 3 a : probate court b : matters that fall under the jurisdiction of a probate court vt pro·bat·ed pro·bat·ing 1 : to establish (a will) as valid through probate 2 a : to put (a convicted offender) on probation b : to replace (a sentence) with probation ...
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
Royal Courts of Justice
Royal Courts of Justice, the statutory name, by (English) Jud. Act, 1925, s. 222, replacing s. 28 of the (English) Jud. (Officers) Act, 1879, of the Law Courts, on the north side of the Strand, between St. Clement Danes Church and Chancery Lane, in which the business of the Supreme Court is transacted. The erection of buildings for bringing together into one place 'all the superior Courts of Law and Equity, the Probate and Divorce Courts and the court of Admiralty' recommended by a Royal Commission in 1858 was authorized by Parliament in 1865 by the (English) Courts of Justice Building Act and the Courts of Justice Concentration (Site) Act (28 & 29 Vict. cc. 48, 49). The Royal Courts were formally opened by Queen Victoria on the 4th of December, 1882, and opened for business on the 11th of January, 1883, the Judges' Chambers and other offices having been opened for business in January, 1880. Prior to the opening, the Chancery Division of the High Court occupied courts at Lincoln's Inn,...
Prerogative courts
Prerogative courts. The two archbishops have each of them a prerogative Court. The appeal is to the Privy Council, 2 & 3 Wm. 4, c. 92. See now Jud. Act, 1925, ss. 20 (a), 107, replacing Court of Probate Act 1857, s. 4, which took away their jurisdiction in testamentary matters, 2 Steph. Com.Distinct tribunals for the establishment of wills and administration of the assets of men dying either with or without wills are variously called 'Preroga-tive Courts', 'Probate Courts', 'Surrogate Courts' and 'Orphan's Courts'....
letter
letter 1 : a direct written statement addressed to an individual or organization ;broadly : an official communication see also counterletter determination letter : a letter from an administrative agency (as the Internal Revenue Service) usually in response to a request in which a determination, decision, or ruling (as whether an organization qualifies as charitable) is made information letter : a letter from an administrative agency usually in response to a request that provides information and esp. that simply calls attention to an interpretation or principle of law letter of intent : a letter in which the intention to enter into a formal agreement (as a contract) or to take some specified action is stated letter ro·ga·to·ry [-rō-gə-tȯr-ē] [probably partial translation of Medieval Latin littera rogatoria letter of request] : a formal written request by a court to a court in a foreign jurisdiction to summon and examine a witness in accordance...
Probate
Of or belonging to a probate or court of probate as a probate record...
Intervention
Intervention. A third person not originally a party to a suit, but claiming an interest in the matter, may interpose at any stage of the suit in defence of his own interest, whenever affected either as to person or property. This is called intervention, and was peculiar to the Ecclesiastical and Admiralty Courts. It is now practised in actions or suits in the Probate, Divorce, and Admiralty Division of the High Court. An intervener must take the cause as he finds it at the time of his intervention, and can only do what he might have done had he been a party in the first instance; but the Court may relax this rule under special circumstances.In probate actions, any person not named in the writ may intervene and appear in the action as heretofore on filing an affidavit showing that he is interested in the estate of the deceased [(English) R.S.C., Ord. XII., r. 23]. And in an Admiralty action it rem any person not named in the writ may intervene and appear as heretofore on filing an affid...
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