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5 unusual facts about Court of Probate Act 1857


Consistory court

This jurisdiction was moved to the secular courts by the Court of Probate Act 1857 and the Matrimonial Causes Act 1857.

Court of Probate

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.

Doctors' Commons

The Court of Probate Act 1857 abolished the testamentary jurisdiction of the ecclesiastical courts and gave common lawyers the right to practise in areas which before had been the exclusive domain of civilians, while offering the token compensation that the civilians could practise in the common law courts.

Prerogative court

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.

Statute of Frauds

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.



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