Section 5 Finding of caution by intestate’s spouse.C1

In section 2 of the Confirmation of Executors (Scotland) Act 1823 (court to regulate caution to be found), for the words “executors-nominate; and in” there shall be substituted in words—

“(a)
an executor-nominate; or
(b)
an intestate’s spouse who shall be executor-dative and has right, by virtue of sections 8 and 9(2) of the Succession (Scotland) Act 1964, to the whole estate.
In ”.

Annotations

Modifications

C1: The text of ss. 2(3), 4, 5, 7–10, 13–16, 17(4), 19, 21, 22(1)(a)(b)(d), 24, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.