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Section 2 Petition to Commissary to be substituted. †Form of petition as in Schedule A.C1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Every person desirous of being decerned executor of a deceased person as disponee, next of kin, creditor, or in any other character whatsoever now competent, or of having some other person, possessed of such character, decerned executor to a deceased person, shall . . . . . . F1 present a petition to the commissary for the appointment of an executor; which petition . . . . . . F2 shall be subscribed by the petitioner or by his agent F3or by an executry practitioner F4or a recognised financial institution providing executry services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1990.

Annotations

Textual amendments

F1

Words repealed by Statute Law Revision Act 1892 (c. 19)

F2

Word repealed by S. I. 1964/1143

F3

Words added (1.3.1997 except in relation to a recognised financial institution, as to whichprosp..) by Law Reform (Miscellaneous Provisions)(Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 22(1); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)

F4

Words in s. 2 repealed (S.) (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), s. 21(2), Sch. 4 para. 1; S.S.I. 2003/384, art. 2(d)

Modifications

C1

A dagger appended to a marginal note means that it is no longer accurate