Succession Act 1965 section 36

Grants in district probate registries

Section 36 sets out the rules governing when and how district probate registrars may issue grants of probate or administration, and the procedures they must follow to coordinate with the central Probate Office.

• A district probate registrar may issue a grant in common form on behalf of the High Court, provided the deceased had a fixed place of abode within that district at the time of death.
• No grant may be issued where there is a dispute or where the registrar considers the matter should be referred to the High Court for direction.
• Before issuing any grant, the registrar must notify the Probate Office and wait for a certificate confirming that no other application has been made for the same estate.
• Registrars must send the Probate Office twice-monthly returns of grants issued, along with certified copies of related wills, and must preserve all original wills subject to High Court regulations.

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