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Conveyancing (Scotland) Act 1874
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51 Probate equivalent to will or extract for completing title. U.K.
The [F1production to any notary public of the ] probate of the will or other testamentary settlement of a person deceased, issued by [F2(a)]any Court of Probate in England or in Ireland, or in any British colony or dependency [F2or (b) a district court in Palestine before 15th May 1948], [F3or (c) the Supreme Court of Aden before 30th November 1967,]or [F4an exemplification of such probate, shall for the purpose of completing a title to any land, or real right in land,] or to any heritable security, be held to be equivalent to and as effectual as [F1the production to such notary of ]the will or settlement itself, or of an extract thereof from the books of council and session[F1, and it shall not be competent to institute any challenge of any notarial instrument in respect of the probate or exemplification having been used as the warrant for expeding the same prior to the commencement of this Act].
Textual Amendments
F1Words in s. 51 ceases to have effect (28.11.2004) by virtue of Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(16)(a)(c), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F2Words in S. 51 inserted by Statute Law (Repeals) Act 1981 (c. 19), Sch. 2
F3Words in s. 51 inserted (8.11.1995) by 1995 c. 44, s. 1(2), Sch. 2 para. 2
F4Words in s. 51 substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(16)(b) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
Modifications etc. (not altering text)
C1Power to extend s. 51 given by Foreign Jurisdiction Act 1890 (c. 37), s. 5, Sch. 1
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