HC Deb 20 March 1860 vol 157 cc931-2
MR. EDWIN JAMES

said, he wished to ask Mr. Attorney General whether Executors and other persons interested in obtaining grants of Probate and Administration at present obtain them in the Principal Registry of the Court of Probate by personal application, as they are able to do in the several District Registries; and, if not, what impediment exists to their ability to make such personal application without the intervention of professional assistance.

THE ATTORNEY GENERAL

said, when he had the honour to introduce to the House, the Testamentary Jurisdiction Bill be stated again and again that it would be competent for any person to go to the Registry of the Court of Probate and apply for Probate or Letters of Administration, without the necessity of employing any professional person. That was, in fact, one of the chief recommendations of the Bill. He was sorry to say that, by one of the rules made under the authority of the Act in the principal Registry were these words: "For the present all applications must be made to the court through a Proctor, Solicitor, or Attorney;" and the reason why, in the London District, parties were compelled to employ some professional person in applying for Probate or Letters of Administration be found, on inquiry, was that the wretched provision made for the Courts and staff necessary for the conduct of the greatly increased business was such that it had been utterly impossible to afford the requisite accommodation for the public, and this accordingly had been the subject of repeated complaint on the part of the principal Registrar, who had addressed a letter, dated the 15th of January last, to the office of the Chief Commissioner of Works, stating that the place appointed for his business was utterly unfitted to give accommodation. There was at that time no Chief Commissioner, but the Secretary wrote on the following day, stating in substance that no time would be lost in bringing the question before the Board. He had since made application himself to his right hon. Friend the Chief Commissioner, and he was assured that the accommodation would be given in a short time.