§ Mr. Austin MitchellTo ask the Parliamentary Secretary, Lord Chancellor's Department (1) if he will introduce legislation to enable banks and other institutions in England and Wales to comply with instructions on the disposal of assets from a person granted probate under the law of Scotland without the need for the grant to be resealed under the law of England and Wales;
(2) whether a grant for a registrar in Scotland under rule 19 of the Non-contentious Probate Rules 1987, may have effect in England and Wales if it has not been resealed by the English courts;
(3) if he will introduce legislation to enable banks in England and Wales to release money from a bank account to a person or persons granted probate by the crown courts to administer the estate of a deceased person holding that account without a need for the grant to be resealed by a court in England and Wales.
Mr. John M. TaylorThe Administration of Estates Act 1971 already makes provision for the reciprocal recognition in any one part of the United Kingdom of grants and confirmations issued in any other part, without the need for resealing.
§ Mr. Austin MitchellTo ask the Parliamentary Secretary, Lord Chancellor's Department whether Scotland is regarded as a foreign country for the purposes of rule 19 of the Non-Contentious Probate Rules 1987; and whether the registrar may accept under sub-paragraph(a) an affidavit as to the law of Scotland from a person who is not a notary practising in Scotland.
Mr. John M. TaylorFor the purposes of rule 19, "foreign law" includes the law of any part of the United Kingdom other than England and Wales. By virtue of the Civil Evidence Act 1972, it is not necessary for a witness giving evidence of foreign law to be a practitioner of the system of law in question, provided he is otherwise suitably qualified to do so.