Section 113 Power of court to sever grant.
(1)
Subject to subsection (2), the High Court may grant probate or administration in respect of any part of the estate of a deceased person, limited in any way the court thinks fit.
(2)
Where the estate of a deceased person is known to be insolvent, the grant of representation to it shall not be severed under subsection (1) except as regards a trust estate in which he had no beneficial interest.
Notes on the whole Act
Textual amendments
- F1
Act: "The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981" (1.10.2009) by virtue of the Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(1); S.I. 2009/1604, art. 2(d)
- F2
Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)