39SAfter section 21 of that Act there shall be inserted the following section—
“21A Evidence as to testamentary documents in commissary proceedings.
Confirmation of an executor to property disposed of in a testamentary document executed after the commencement of the Requirements of Writing (Scotland) Act 1995 shall not be granted unless the formal validity of the document is governed—
(a)by Scots law and the document is presumed under section 3 or 4 of that Act to have been subscribed by the granter so disposing of that property; or
(b)by a law other than Scots law and the court is satisfied that the document is formally valid according to the law governing such validity.”.