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Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Court of Probate

1. Hist. A court established in 1857 to receive the testamentary jurisdiction formerly held by the ecclesiastical courts. ( In 1873 the Court was merged into the High Court of Justice, where its jurisdiction was exercised by the Probate Divorce and Admiralty (now Family) Division. 2. See probate court under COURT.

Probate

n. 1. The judicial procedure by which a testamentary document is established to be a valid will; the proving of a will to the satisfaction of the court. ( Unless set aside, the probate of a will is conclusive upon the parties to the proceedings (and others who had notice of them) on all questions of testamentary capacity, the absence of fraud or undue influence, and due execution of the will. But probate does not preclude inquiry into the validity of the will's provisions or on their proper construction or legal effect. - Also termed proof of will.

Probate asset

see legal asset.

independent probate

See informal probate under PROBATE.

informal probate

Probate designed to operate with minimal involvement of the probate court. ( Most modern probate codes encourage this type of administration, with an independent personal representative. - Also termed independent probate.

informal probate.

See PROBATE,

judge of probate

See probate judge.

nonprobate,

adj. 1. Of or relating to some method of estate disposition apart from wills <nonprobate distribution>. 2. Of or relating to the property so disposed <nonprobate assets>.

probate asset

See legal asset under ASSET.

probate bond

See BOND (2).

probate bond.

A bond, such as that filed by an executor, required by law to be given during a probate proceeding to ensure a faithful performance by the person under bond.

probate code

A collection of statutes setting forth the law (substantive and procedural) of decedents' estates and trusts.

probate court

See COURT.

probate distribution

See DISTRIBUTION.

probate duty

A duty assessed by the government on either every will admitted to probate, or on the gross value of the decedent's personal property.

probate estate

A decedent's property subject to administration by a personal representative. See decedent's estate under ESTATE.

probate homestead

A homestead, exempt from creditors' claims, set apart for use by a decedent's surviving spouse and minor children. See HOMESTEAD.

probate in common form

Hist. Probate granted in the registry, without any formal procedure in court, on the executor's ex parte application. ( This type of probate is revocable.

probate in solemn form

See PROBATE.

probate judge

See JUDGE.

probate jurisdiction

Jurisdiction over matters relating to wills, settlement of decedents' estates, and (in some states) guardianship and the adoption of minors.

probate register

See REGISTER.

small-estate probate

An informal procedure for administering small estates, less structured than the normal process and usu. not requiring the assistance of an attorney.2.Loosely, a personal representative's actions in handling a decedent's estate. 3. Loosely, all the subjects over which probate courts have jurisdiction. 4. Archaic. A nonresident plaintiff's proof of a debt by swearing before a notary public or other officer that the debt is correct, just, and due, and by having the notary attach a jurat.