# Administration of Justice Act 1985, Section 48: Power of High Court to authorise action to be taken in reliance on counsel’s opinion.


(1) Where—
(a) any question of construction has arisen out of the terms of a will or a trust; and
(b) an opinion in writing given by a person who has a 10 year High Court qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, has been obtained on that question by the personal representatives or trustees under the will or trust,
the High Court may, on the application of the personal representatives or trustees and without hearing argument, make an order authorising those persons to take such steps in reliance on the said opinion as are specified in the order.
(2) The High Court shall not make an order under subsection (1) if it appears to the court that a dispute exists which would make it inappropriate for the court to make the order without hearing argument.

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Source: https://www.legislation.gov.uk/ukpga/1985/61/section/48 (the official version)
Page: https://openlegislation.uk/administration-of-justice-act-1985/section-48
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

