(1)Section 5(2) of the M1Conveyancing (Scotland) Act 1924 (which provides that a confirmation which includes a heritable security shall be a valid title to the debt thereby secured) shall have effect as if any reference therein to a heritable security, or to a debt secured by a heritable security, included a reference to any interest in heritable property which has vested in an executor in pursuance of the last foregoing section by virtue of a confirmation:
Provided that a confirmation [F1(other than an implied confirmation within the meaning of the said section 5(2))] shall not be deemed for the purposes of the said section 5(2) to include any such interest unless a description of the property, in accordance with any act of sederunt such as is mentioned in subsection (2) of the last foregoing section, is included or referred to in the confirmation.
(2)Where in pursuance of the last foregoing section any heritable property has vested in an executor by virtue of a confirmation, and it is necessary for him in distributing the estate to transfer that property—
(a)to any person in satisfaction of a claim to legal rights or the prior rights of a surviving spouse [F2or civil partner] out of the estate, or
(b)to any person entitled to share in the estate by virtue of this Act, or
(c)to any person entitled to take the said property under any testamentary disposition of the deceased,
the executor may effect such transfer by endorsing on the confirmation (or where a certificate of confirmation relating to the property has been issued in pursuance of any act of sederunt, on the certificate) a docket in favour of that person in the form set out in Schedule 1 to this Act, or in a form as nearly as may be to the like effect, and any such docket may be specified as a midcouple or link in title in any deduction of title; but this section shall not be construed as prejudicing the competence of any other mode of transfer.
Textual Amendments
F1Words inserted retrospectively by Law Reform (Miscellaneous Provisions)(Scotland) Act 1968 (c. 70), s. 19
F2Words in s. 15(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(2), 263(10)(c), Sch. 28 para. 7; S.S.I. 2005/604, {art. (2(c)}
Marginal Citations