Confirmation of Executors (Scotland) Act 1858

SCHEDULE (E.) U.K.

Modifications etc. (not altering text)

C1 Sch. (E.) amended by Executors (Scotland) Act 1900 (c. 55), s. 5

C2 Forms 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. (E.)

Form of a Testament Testamentar or Confirmation of an Executor Nominate. S

I, A.B., commissary of the county of [specify county], considering that the late C.D. died at [specify place], upon [specify date], and that by his last will [or other writing containing the nomination of executor], dated [specify date], and recorded in my court books upon [ specify date], the said C.D. nominated and appointed E.F. to be his executor, and that the said E.F., has given up on [F1 declaration] an inventory of the personal estate and effects of the said C.D. at the time of his death situated in Scotland, [orsituated in Scotland and England, orsituated in Scotland and Ireland, orsituated in Scotland, England and Ireland, as the case may be,] amounting in value to pounds, which inventory has likewise been recorded in my court books of date [specify date]: Therefore I, in Her Majesty’s name and authority, ratify, approve, and confirm the nomination of executor contained in the foresaid last will [or other writing containing the nomination of executor]; and I give and commit to the said E.F. full power to uplift, receive, administer, and dispose of the said personal estate and effects, grant discharges thereof, if needful to pursue therefor, and generally every other thing concerning the same to do that to the office of an executor nominate 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

F1 Word substituted (1.3.1997) by Law Reform (Miscellaneous Provisions)(Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 22(2); S.I. 1996/2894, art.3, Sch. (as amended by S.I. 1996/2966, art. 2)

Given under the seal of office of the commissariot of [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.