Probates (Resealing) Act, 1936

This section gives the Act’s short title: the Probates (Resealing) Act.

Jurisdiction: Zambia
Instrument: Act or statute
Citation: Act 22 of 1936
Version: 31 Dec 1996
Language: en
Official source: View official record ↗

administration of estates court filings court procedure estate administration litigation probate

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This section gives the Act’s short title: the Probates (Resealing) Act. This section defines several terms used in the Act. The High Court may seal probates or letters of administration granted outside Zambia if they are produced to the court and a copy is deposited with it. Before sealing probate or letters of administration, the High Court must be satisfied that probate duty has been paid, and for letters of administration that required security has been given; it may also ask for evidence about the deceased person’s domicile. The High Court may require security for estate debts to creditors in Zambia before sealing, if a creditor applies and the court thinks fit.

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Provisions of Probates (Resealing) Act, 1936

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1
Short title ........................................................................................................................................................................................................... 1
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This section gives the Act’s short title: the Probates (Resealing) Act.

1. Short title This Act may be cited as the Probates (Resealing) Act.
2
Interpretation .................................................................................................................................................................................................... 1
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This section defines several terms used in the Act.

2. Interpretation In this Act, unless the context otherwise requires— "British court in a foreign country" means any British court having jurisdiction out of Her Britannic Majesty's dominions in pursuance of an Order in Council, whether made under any British Act or otherwise; "court of probate" means any court or authority, by whatever name designated, having jurisdiction in matters of probate; "Her Britannic Majesty's dominions" includes any British protectorate or protected state and any territory in respect of which a mandate on behalf of the League of Nations has been accepted by Her Britannic Majesty; "probate" and "letters of administration" include conﬁrmation in Scotland, and any instrument having in any other part of Her Britannic Majesty's dominions the same effect which under English law is given to probate and letters of administration respectively; "probate duty" includes any duty payable on the value of the estate and effects for which probate or letters of administration is or are granted. [As amended by S.I. No. 152 of 1965]
3
Sealing of probates and letters of administration granted outside Zambia ............................................................................. 1
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The High Court may seal probates or letters of administration granted outside Zambia if they are produced to the court and a copy is deposited with it.

3. Sealing of probates and letters of administration granted outside Zambia Where a court of probate in any part of Her Britannic Majesty's dominions, or a British court in a foreign country, has, either before or after the commencement of this Act, 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 High 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 Zambia as if granted by that Court. [As amended by S.I. No. 152 of 1965] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Probates (Resealing) Act, 1936 (Chapter 61) Zambia
4
Conditions to be fulﬁlled before sealing ............................................................................................................................................... 2
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Before sealing probate or letters of administration, the High Court must be satisfied that probate duty has been paid, and for letters of administration that required security has been given; it may also ask for evidence about the deceased person’s domicile.

4. Conditions to be fulﬁlled before sealing The High Court shall, before sealing a probate or letters of administration under this Act, be satisﬁed— (a) (b) that probate duty has been paid in respect of so much, if any, of the estate as is liable to probate duty in Zambia; and in the case of letters of administration, that security has been given in a sum sufﬁcient in amount to cover the property, if any, in the territory to which the letters of administration relate; and may require such evidence, if any, as it thinks ﬁt, as to the domicile of the deceased person: Provided that the security need not be given when application for the sealing of a probate or of letters of administration is made to the High Court by or on behalf of the Administrator-General.
5
Security for payment of debts ................................................................................................................................................................... 2
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The High Court may require security for estate debts to creditors in Zambia before sealing, if a creditor applies and the court thinks fit.

5. Security for payment of debts The High Court may also, if it thinks ﬁt, on 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 Zambia: Provided that the security need not be given when application for the sealing of a probate or of letters of administration is made to the High Court by or on behalf of the Administrator-General.
6
Duplicate or copy admissible ..................................................................................................................................................................... 2
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A sealed or properly certified duplicate of probate or letters of administration has the same effect as the original.

6. Duplicate or copy admissible For the purposes of this Act, 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.
7
Rules of court ................................................................................................................................................................................................... 2
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The High Court may make court rules by statutory instrument for probate or letters of administration sealing applications.

7. Rules of court The High Court may, by statutory instrument, make rules of court for regulating the procedure and practice, including fees and costs, in the High Court, on and incidental to an application for sealing a probate or letters of administration under this Act. [As amended by No. 41 of 1960]
8
Repeal and saving .......................................................................................................................................................................................... 2
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This section repeals the British and Colonial Probates Act and preserves existing High Court rules made under it.

8. Repeal and saving The British and Colonial Probates Act, Chapter 17 of the 1930 Edition of the Laws, is hereby repealed: Provided that all rules made by the High Court under the Act hereby repealed and in force at the commencement of this Act shall be deemed to have been made under this Act and shall continue in force until other rules shall be made by virtue of this Act. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2

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Probates (Resealing) Act, 1936

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