OpenLegislation

The Confirmation to Small Estates (Scotland) Order 2005

S.S.I. 2005/251 · Made 9 May 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SHERIFF COURT

Made 9th May 2005

Laid before the Scottish Parliament 10th May 2005

Coming into force 1st June 2005

The Scottish Ministers, in exercise of the powers conferred by section 1(3) of the Confirmation to Small Estates (Scotland) Act 1979f1, and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1979 c. 22. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation and commencement
  2. 2Amendment of legislation
  3. 3Amendment of legislation
  4. 4Revocation
  5. Signature
  6. Explanatory note

1Citation and commencement

This Order may be cited as the Confirmation to Small Estates (Scotland) Order 2005 and shall come into force on 1st June 2005.

2Amendment of legislation

In each of the following provisions of the Intestates Widows and Children (Scotland) Act 1875f1, namely–

(a)

section 3 (confirmation to small intestate estate);

(b)

Schedule A (form of inventory and relative declarations); and

(c)

Schedule B (form of confirmation),

for “£25,000” substitute “£30,000”.

3Amendment of legislation

In each of the following provisions of the Small Testate Estates (Scotland) Act 1876f1, namely–

(a)

section 3 (confirmation to small testate estate); and

(b)

Schedule A (form of inventory and relative declaration),

for “£25,000” substitute “£30,000”.

4Revocation

The Confirmation to Small Estates (Scotland) Order 1999f1 is hereby revoked.

Signature

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House, Edinburgh

9th May 2005

Explanatory note

(This note is not part of the Order)

This Order increases from £25,000 to £30,000 the limit of value of a deceased person’s estate at or below which confirmation of executors may be obtained by the simplified procedures prescribed by the Intestates Widows and Children (Scotland) Act 1875 (for small intestate estates) and by the Small Testate Estates (Scotland) Act 1876 (the small testate estates). The Confirmation to Small Estates (Scotland) Order 1999 specifying the previous limit of £25,000 is revoked.