- Latest available (Revised)
- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 01/03/1997
Point in time view as at 01/02/1991.
Confirmation of Executors (Scotland) Act 1858, SCHEDULE (D.) is up to date with all changes known to be in force on or before 10 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Modifications etc. (not altering text)
C1Sch. (D.) amended by Executors (Scotland) Act 1900 (c. 55), s. 5
C2Forms prescribed by S.I. 1967/789 are to be used by Sheriff Clerks and may be used with modifications by Commissary Clerk of Edinburgh in lieu of form prescribed by Sch. (D.)
I,A.B., commissary of the county of [specify county], considering that by my decree, dated [specify date], I decernedC.D. executor dative qua next of kin [or other character, as the case may be,] of the lateE.F., who died at [specify place], on [specify date], and seeing that the saidC.D. has since given up on [F1oath][F1declaration]an inventory of the personal estate and effects of the saidE.F. at the time of his death situated in Scotland, [orsituated in Scotland and England,orin Scotland and Ireland,orin Scotland, England, and Ireland,as the case may be,] amounting in value to pounds, which inventory has been recorded in my court books, of date [specify date], and that he has likewise found caution for his acts and intromissions as executor: Therefore I, in Her Majesty’s name and authority, make, constitute, ordain, and confirm the saidC.D. executor dative qua [specify character] to the defunct, with full power to him to uplift, receive, administer, and dispose of the said personal estate and effects, and grant discharges thereof, if needful to pursue therefor, and generally every other thing concerning the same to do that to the office of executor dative qua [specify character] is known to belong; providing always, that he shall render just count and reckoning for his intromissions therewith when and where the same shall be legally required.
Textual Amendments
F1Word “declaration” substituted (prosp.) for word “oath” by Law Reform (Miscellaneous Provisions)(Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74(1), 75(2), Sch. 8 para. 22(2)
Given under the seal of office of the commissariot [specify county],
and signed by the clerk of court at [specify place], the [specify date].
To be signed by the commissary clerk or his depute, and sealed with the
seal of office.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: