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Section 21 Evidence as to holograph wills in commissary proceedings.

Scotland

Notwithstanding any rule of law or practice to the contrary, confirmation of an executor to property disposed of in a holograph testamentary disposition shall not be granted unless the court is satisfied by evidence consisting at least of an affidavit by each of two persons that the writing and signature of the disposition are in the handwriting of the testator.

F1(2)

This section shall not apply to a testamentary document executed after the commencement of the Requirements of Writing (Scotland) Act 1995.

Annotations

Textual amendments

F1

S. 21(2) added (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 38 (with ss. 9(3)(5)(7), 13, 14(3))