# Confirmation of Executors (Scotland) Act 1823, Section 2: Court to regulate caution to be found.

Extent: E+W+S+N.I.

Caution shall not be required to be found by
(a) an executor–nominate; or
(b) an intestate’s spouse or 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.
See also section 3 of the Intestates Widows and Children (Scotland) Act 1875.
In cases 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.

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Source: https://www.legislation.gov.uk/ukpga/Geo4/4/98/section/2 (the official version)
Page: https://openlegislation.uk/confirmation-of-executors-scotland-act-1823/section-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.