Probate in United Kingdom

Definition of Probate Or Letters Of Administration

These are terms used in wills and probate matters.

Meaning of Probate

The following is an old definition of Probate [1]: Formal, official or legal proof: as, the probate of (and to probate) a claim, a will. When a will is proved, the original is deposited in the registry, and a copy, made under the seal of the register, is delivered to the executor or administrator, along with a certificate of its having been proven: all which together is styled ” the probate.” Strictly used, relates to the proof of a will before an officer or tribunal having jurisdiction to determine the question of itsvahdity. In common usage, however, often refers to the proceeding incident to the administration and settlement of the estates of decedents, and is, therefore, sometimes so used in statutes. Federal courts have jurisdiction in a controversy between parties of different States respecting the validity, construction, or enforcement of a decree admitting a will to probate; it is in the nature of a proceeding in rem. Jurisdiction as to wills, and their probate as such, is neither included nor excepted out of the grant of the judicial power to the Federal courts. So far as it is ex parte and merely administrative, it is not conferred, and cannot be exercised at all, until, in a case at law or in equity, its exercise becomes necessary to settle a controversy as to which those courts have jurisdiction by reason of citizenship. A probate is conclusive until revoked. Generally speaking, a court of equity will not entertain a bill to set aside the probate of a will. Succession to the estate is in the nature of a proceeding in rem, in which all who have any interest are parties, and are concluded as upon a res adjudicata by the decision of the court, which generally has ample pow- ers of process and investigafion. A statute which provides for an ante mortem probate is inoperative and void. Coiirt of probate. A court exercising jurisdiction over the estates of deceased persons, possessing, as to personal assets, nearly all the powers formerly exercised by the courts of chancery and the ecclesiastical courts of England. Such courts collect the assets, allow claims, direct payments and distribution of the property to legatees or others entitled, and, generally, do everything es- sential to a final settlement of the affairs of the deceased, and the claims of creditors against the estate. Other names are “orphans’” and “surrogates’” courts. Such a court has power to administer the equities directly involved in the matter before it. See Res.

Most Popular Entries related to Probate

• Wills Trusts and Probate (in the United Kingdom)
• Information Wills Probate (in the United Kingdom)
• Legal Questions Trusts (in the United Kingdom)
• Legal Questions Wills (in the United Kingdom)
• Legal Advice Probate (in the United Kingdom)
• Legal Advice Trusts (in the United Kingdom)
• Changing a Will (in the United Kingdom)
• Requirements for a Valid Will (in the United Kingdom)
• Living Wills (in the United Kingdom)
• Power of Attorney (in the United Kingdom)

Some Popular Entries in the European Legal Encyclopedia related to Probate

• Wills Trusts and Probate (in European Law)
• Information Wills Probate (in European Law)
• Legal Questions Trusts (in European Law)

Resources

Notes and References

1. Concept of Probate provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)