{
  "url": "https://openlegislation.uk/intestates-widows-and-children-scotland-act-1875/section-3",
  "json_url": "https://openlegislation.uk/intestates-widows-and-children-scotland-act-1875/section-3.json",
  "legislation": "ukpga/Vict/38-39/41",
  "legislation_title": "Intestates Widows and Children (Scotland) Act 1875",
  "legislation_url": "https://openlegislation.uk/intestates-widows-and-children-scotland-act-1875",
  "path": "section/3",
  "kind": "section",
  "number": "3",
  "heading": "Where estate does not exceed £36,000 widow or children may apply to commissary clerk to fill up inventory and expede confirmation.",
  "text": "Where the whole estate of an intestate is of a value not exceeding ; £36,000 an applicant for confirmation thereto may apply to the commissary clerk of the county within which the intestate was domiciled at the time of death; and the said commissary clerk shall prepare and fill up an inventory and relative declaration, as nearly as may be in the form of Schedule A. appended to this Act, and on the inventory and declaration being signed by the applicant , and without requiring the applicant to find caution shall proceed to record said inventory and expede confirmation in the form as nearly as may be of Schedule B. annexed to this Act, and shall deliver the same to the applicant on payment of the requisite fee : . . . ; and such confirmation shall have the same force and effect as that prescribed in Schedule D. annexed to the Confirmation of Executors (Scotland) Act, 1858 . . .",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 3 substituted by Confirmation to Small Estates (Scotland) Act 1979 (c. 22, SIF 116:2), s. 1(1)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sum in s. 3 substituted (1.2.2012) by The Confirmation to Small Estates (Scotland) Order 2011 (S.S.I. 2011/435), arts. 1, 2(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in s. 3 substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 24(1)(a); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 3 substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2) s. 74(1), Sch. 8 para 24(1)(b); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in s. 3 substituted (4.3.2016) by Succession (Scotland) Act 2016 (asp 7), ss. 18(1)(a), 31(1) (with s. 18(2))"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in s. 3 repealed by Finance Act 1975 (c. 7, SIF 99:3), ss. 52(2)(3), 59, Sch. 13 Pt. I"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in s. 3 repealed by Administration of Estates Act 1971 (c. 25, SIF 116:1, 2), s. 12, Sch. 2 Pt. I"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1858 c. 56 (116:2)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Vict/38-39/41/section/3",
    "retrieved_at": "2026-10-29T12:48:30.339726+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."
}