Section 23 Deposit and registration of wills of living persons.

United Kingdom Not yet in force

(1)

The following, namely—

(a)

the Principal Registry of the Family Division of the High Court of Justice;

(b)

the Keeper of the Registers of Scotland; and

(c)

the Probate and Matrimonial Office of the F1Court of Judicature of Northern Ireland,

shall be registering authorities for the purposes of this section.

(2)

Each registering authority shall provide and maintain safe and convenient depositories for the custody of the wills of living persons.

(3)

Any person may deposit his will in such a depository in accordance with regulations under section 25 below and on payment of the prescribed fee.

(4)

It shall be the duty of a registering authority to register in accordance with regulations under section 25 below—

(a)

any will deposited in a depository maintained by the authority; and

(b)

any other will whose registration is requested under Article 6 of the Registration Convention.

(5)

A will deposited in a depository provided—

(a)

under section 172 of the M1Supreme Court of Judicature (Consolidation) Act 1925 or section 126 of the M2F2Senior Courts Act 1981; or

(b)

under Article 27 of the M3Administration of Estates (Northern Ireland) Order 1979,

shall be treated for the purposes of this section as if it had been deposited under this section.

(6)

In this section “prescribed” means—

(a)

in the application of this section to England and Wales, prescribed by an order under F3section 92 of the Courts Act 2003;

(b)

in its application to Scotland, prescribed by an order under section 26 below; and

(c)

in its application to Northern Ireland, prescribed by an order under section 116 of the M4Judicature (Northern Ireland) Act 1978.

Annotations

F1: Words in s. 23(1)(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 27(2); S.I. 2009/1604, art. 2(d)
F2: S. 23(5)(a) for the words "Supreme Court Act 1981" wherever they occur there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2
F3: Words in s. 23(6)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110(1), Sch. 8 para. 270; S.I. 2005/910, art. 3(y)