OpenLegislation

Section 3 Where estate does not exceed £36,000 executor may apply to the commissary clerk to fill up inventory and expede confirmation.F2

Scotland

Where F1the whole estate of a testate is of a value not exceeding £36,000 an applicant for confirmation thereto may apply to the commissary clerk of the county within which such testate was domiciled at the time of death; and the said commissary clerk, on production of the will or other writing of the testate containing the nomination of an executor, shall prepare and fill up an inventory and relative F3declaration , as nearly as may be in the form of Schedule A. appended to this Act, and, upon such an inventory F4and declaration being duly signed by the executor, shall proceed to record said will or other writing and 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 executor on payment of the requisite fee ; and such confirmation shall have the same force and effect as that prescribed in Schedule E. annexed to the M1Confirmation of Executors (Scotland) Act 1858; . . . F5

Annotations

Textual amendments

F1

Words in s. 3 substituted by Confirmation to Small Estates (Scotland) Act 1979 (c. 22, SIF 116:2), s. 1(1)(a)

F2

Word in s. 3 substituted (1.2.2012) by The Confirmation to Small Estates (Scotland) Order 2011 (S.S.I. 2011/435), arts. 1, 3(a)

F3

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. 25(1)(a); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)

F4

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. 25(1)(b); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)

F5

Words in s. 3 repealed by Administration of Estates Act 1971 (c. 25, SIF 116:1, 2), s. 12, Sch. 2 Pt. I

Marginal citations

M1

1858 c.56 (116:2).