Section 2 Court to regulate caution to be found.C1

United Kingdom

Caution shall not be required to be found by

F1(a)

an executor–nominate; or

(b)

an intestate’s spouse F2or civil partner who shall be executor–dative and has right, by virtue of sections 8 and 9(2) of the Succession (Scotland) Act 1964, to the whole estate.

F3See also section 3 of the Intestates Widows and Children (Scotland) Act 1875.

In F4cases where caution is required to be found the court granting confirmation shall fix the amount of the sum for which caution shall be found by the person or persons to whom confirmation shall be granted, not exceeding the amount confirmed.

Annotations

Textual amendments

F1: Words substituted by Law Reform (Miscellaneous Provisions)(Scotland) Act 1980 (c. 55, SIF 36:3), s. 5
F2: Words in s. 2(b) inserted (4.3.2016) by Succession (Scotland) Act 2016 (asp 7), ss. 19(1), 31(1)
F3: Words in s. 2 inserted (4.3.2016) by Succession (Scotland) Act 2016 (asp 7), ss. 18(4)(a), 31(1)
F4: Words in s. 2 substituted (4.3.2016) by Succession (Scotland) Act 2016 (asp 7), ss. 18(4)(b), 31(1)

Modifications

C1: S. 2 power to modify conferred (4.3.2016) by Succession (Scotland) Act 2016 (asp 7), ss. 19(2), 31(1)