BRITISH PROBATES ACT 1898 Reprinted as in force on 1 March 2002 Reprint No. 1A > TABLE OF PROVISIONS Contents 1. Short title 2. Definitions 3. Application of Act by regulation 4. Sealing in Queensland of British probates and letters of administration 5. Application of Act to British courts in foreign countries 6. Regulation making power Endnotes - LONG TITLE An Act to provide for the recognition of probates and letters of administration granted in other parts of Her Majesty's dominions 1 Short title This Act may be cited as the British Probates Act 1898. 2 Definitions In this Act-- British court in a foreign country means any British court having jurisdiction out of Her Majesty's dominions. court of probate means any court or authority, by whatever name designated, having jurisdiction in matters of probate. probate and letters of administration include confirmation in Scotland, and any instrument having in any part of Her Majesty's dominions the same effect which under the law of Queensland is given to probate and letters of administration respectively. the Supreme Court means the Supreme Court of Queensland or a judge thereof. 3 Application of Act by regulation When the Governor in Council is satisfied that the legislature of any part of Her Majesty's dominions has made adequate provision for the recognition in that part of probates and letters of administration granted by the Supreme Court, the Governor in Council may declare by regulation that this Act shall, subject to any stated changes, apply to that part of Her Majesty's dominions. 4 Sealing in Queensland of British probates and letters of administration (1) When a court of probate in a part of Her Majesty's dominions to which this Act applies has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with, the Supreme Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect and have the same operation in Queensland as if granted by that court. (2) Provided that no probate or letters of administration shall be sealed under this section until there has been filed in the Supreme Court a certificate under the hand of the Commissioner of State Revenue appointed under the Taxation Administration Act 2001 to the effect that adequate security has been given for payment of all probate and succession duty in respect of so much (if any) of the estate as is liable to duty in Queensland. (3) The Supreme Court may, if it thinks fit, upon the application of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in Queensland, and also, if it thinks fit, upon the application of any beneficiary or next of kin, require that adequate security be given for the protection of the interests of such beneficiary or next of kin. (4) For the purposes of this section a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original. 5 Application of Act to British courts in foreign countries This Act shall extend to authorise the sealing in Queensland of any probate or letters of administration granted by a British court in a foreign country, in like manner as it authorises the sealing of a probate or letters of administration granted in a part of Her Majesty's dominions to which this Act applies, and the provisions of this Act shall apply accordingly with the necessary modifications. 6 Regulation making power The Governor in Council may make regulations under this Act. - NOTES Page Date to which amendments incorporated 6 Key 6 Table of reprints 7 List of legislation 7 List of annotations 7 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 March 2002. Future amendments of the British Probates Act 1898 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 1995 Act No. 58 28 November 1995 12 January 1996 1A 2001 Act No. 72 1 March 2002 1 March 2002 >