Succession Act 1965 section 130

Fees to be taken at district probate registries

Section 130 deals with the legal basis for charging court fees at district probate registries and ensures that existing fee structures continued to apply after the Succession Act 1965 came into force.

• The section references the Courts of Justice Act 1936 as the underlying legislation governing court fees.
• Each district probate registry is treated as if it were an office established under the Court Officers Act 1926, which allows the Minister to prescribe fees for those registries.
• The fee schedule set out in the Supreme Court and High Court (Fees) Order 1956, as previously amended by the Administration of Estates Act 1959, was preserved and continued to apply.
• Even though the Succession Act 1965 repealed the Administration of Estates Act 1959, the existing fee arrangements for district probate registries and their registrars were not disturbed.

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