{
  "url": "https://openlegislation.uk/confirmation-of-executors-scotland-act-1858/section-2",
  "json_url": "https://openlegislation.uk/confirmation-of-executors-scotland-act-1858/section-2.json",
  "legislation": "ukpga/Vict/21-22/56",
  "legislation_title": "Confirmation of Executors (Scotland) Act 1858",
  "legislation_url": "https://openlegislation.uk/confirmation-of-executors-scotland-act-1858",
  "path": "section/2",
  "kind": "section",
  "number": "2",
  "heading": "Petition to Commissary to be substituted. †Form of petition as in Schedule A.",
  "text": "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 . . . . . . present a petition to the commissary for the appointment of an executor; which petition . . . . . . shall be subscribed by the petitioner or by his agent or by an executry practitioner or a recognised financial institution providing executry services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1990.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words repealed by Statute Law Revision Act 1892 (c. 19)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word repealed by S. I. 1964/1143"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 2 repealed (S.) (15.8.2003) by Public Appointments and Public Bodies etc.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)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "A dagger appended to a marginal note means that it is no longer accurate"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "asp/2010/16",
      "affecting_title": "Legal Services (Scotland) Act 2010"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Vict/21-22/56/section/2",
    "retrieved_at": "2026-10-29T13:14:35.911463+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}