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The Confirmation to Small Estates (Scotland) Order 2011

S.S.I. 2011/435 · Made 7 December 2011

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 7th December 2011

Laid before the Scottish Parliament 9th December 2011

Coming into force 1st February 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by section 1(3) of the Confirmation to Small Estates (Scotland) Act 1979f1 and all other powers enabling them to do so.

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 the Scotland Act 1998 (c.46), section 53.

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 2011 and comes into force on 1st February 2012.

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 “£30,000” substitute “£36,000”.

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 “30,000” substitute “£36,000”.

4Revocation

The Confirmation to Small Estates (Scotland) Order 2005f1 is revoked.

Signature

R CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

7th December 2011

Explanatory note

(This note is not part of the Order)

This Order increases from £30,000 to £36,000 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 1975 (for small intestate estates) and by the Small Testate Estates (Scotland) Act 1876 (for small testate estates). The Confirmation to Small Estates (Scotland) Order 2005, which specified the previous limit, is revoked.