Administration of Estates Act, 1959

Exercise, etc., of functions of the Probate Officer.

25.—(1) (a) In this subsection—

“the Act of 1926” means the Court Officers Act, 1926 (No. 27 of 1926);

“the functions of the Probate Officer under the Act of 1926” means the powers, authorities, duties and functions exercisable or performable by the Probate Officer by virtue of section 9 of the Act of 1926;

“the Assistant Probate Officer” means—

(i) as respects the exercise or performance before the date of the passing of this Act of the functions of the Probate Officer under the Act of 1926—the officer employed in the Probate Office who was known as or designated the Assistant Probate Officer or the Deputy Probate Officer,

(ii) as respects the exercise or performance on or after that date of the functions of the Probate Officer under the Act of 1926—the officer employed in the Probate Office who is next in rank to the Probate Officer and is qualified to be appointed to be Probate Officer.

(b) The functions of the Probate Officer under the Act of 1926 may also, but subject, as respects the exercise or performance of those functions on or after the date of the passing of this Act, to any restrictions which the President of the High Court may think fit to impose, be exercised or performed by the Assistant Probate Officer.

(c) Paragraphs (a) and (b) of this subsection shall be deemed to have come into operation on the commencement of section 9 of the Act of 1926.

(2) (a) In this subsection “the Assistant Probate Officer” means the officer employed in the Probate Office who is next in rank to the Probate Officer and is qualified to be appointed to be Probate Officer.

(b) The powers conferred on the Probate Officer by section 14 of this Act may, as respects the estates of persons dying on or after the 1st day of June, 1959, also, but subject to any restrictions which the President of the High Court may think fit to impose, be exercised by the Assistant Probate Officer.