The Court of Probate was created by the Court of Probate Act 1857, which transferred the jurisdiction of the ecclesiastical courts in testamentary matters to the new court so created.
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Court of Probate Act 1857 (20 & 21 Vict c 77) transferred responsibility for the granting of probate from the ecclesiastical courts of England and Wales to a new civil Court of Probate in January 1858.
The jurisdiction of the prerogative courts was transferred to the Court of Probate in 1857 by the Court of Probate Act 1857, and is now vested in the Family Division of the High Court of Justice by the Judicature Act.