{
  "url": "https://openlegislation.uk/intestates-widows-and-children-scotland-act-1875/section-5",
  "json_url": "https://openlegislation.uk/intestates-widows-and-children-scotland-act-1875/section-5.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/5",
  "kind": "section",
  "number": "5",
  "heading": "Commissary clerk may refuse to proceed if not satisfied that whole estate not more than 150l.",
  "text": "If the commissary clerk of the county has reason to believe that the estate and effects of which the intestate died possessed exceed the value specified in section three of this Act , he shall refuse to proceed with the application until he is satisfied as to the real value thereof.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words substituted by Small Estates (Representation) Act 1961 (c. 37), s. 1(1), Sch. 1 para.1(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 5 substituted by Confirmation to Small Estates (Scotland) Act 1979 (c.22, SIF 116:2), s. 1(1)(b) (Small Estates (Representation) Act 1961 (c.37), s. 1(1), Sch. 1 para. 1(2) repealed (S.) by Confirmation to Small Estates (Scotland) Act 1979 (c. 22, SIF 116:2), s. 2, Sch.)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Vict/38-39/41/section/5",
    "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."
}