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- Point in Time (01/04/1999)
- Original (As enacted)
Version Superseded: 01/06/2005
Point in time view as at 01/04/1999.
There are currently no known outstanding effects for the Small Testate Estates (Scotland) 1876.
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This Act may be cited for all purposes as The Small Testate Estates (Scotland) Act, 1876.
This Act shall extend to Scotland only.
Where [F2the whole estate of a testate is of a value not exceeding [F1£25,000] an applicant for confirmation thereto] may apply to the commissary clerk of the county within which such testate was domiciled at the time of death; and the said commissary clerk, on production of the will or other writing of the testate containing the nomination of an executor, shall prepare and fill up an inventory and relative [F3declaration] , as nearly as may be in the form of Schedule A. appended to this Act, and, upon such an inventory [F4and declaration being duly signed] by the executor, shall proceed to record said will or other writing and inventory and expede confirmation in the form as nearly as may be of Schedule B. annexed to this Act, and shall deliver the same to the executor [F2on payment of the requisite fee] ; and such confirmation shall have the same force and effect as that prescribed in Schedule E. annexed to the M1Confirmation of Executors (Scotland) Act 1858; . . . F5
Textual Amendments
F1Words in s. 3 substituted (1.4.1999) by S.I. 1999/290, art. 3(a)
F2Words in s. 3 substituted by Confirmation to Small Estates (Scotland) Act 1979 (c. 22, SIF 116:2), s. 1(1)(a)
F3Word in s. 3 substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 25(1)(a); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
F4Words in s. 3 substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 25(1)(b); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
F5Words in s. 3 repealed by Administration of Estates Act 1971 (c. 25, SIF 116:1, 2), s. 12, Sch. 2 Pt. I
Marginal Citations
The commissary clerk of the county may require such proof as he may think sufficient to establish the identify of the executor.
If the commissary clerk of the county has reason to believe that [F6the estate and effects of which the testate died possessed exceed [F7the value] specified in section three of this Act] , he shall refuse to proceed with the application until he is satisfied as to the true value thereof.
Textual Amendments
F6Words substituted by Small Estates (Representation) Act 1961 (c. 37), s. 1(1), Sch. 1 para. 2(2)
F7Words substituted by Confirmation to Small Estates (Scotland) Act 1979 (c. 22, SIF 116:2), s. 1(2)(b)
Textual Amendments
F8S. 6 repealed (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(2), Sch. 9; S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
Any rules and orders and tables of fees requisite for carrying this Act into operation shall be framed and may from time to time be altered by the Court of Session by Act of Sederunt . . . F9.
Textual Amendments
F9Words repealed by Confirmation to Small Estates (Scotland) Act 1979 (c. 22, SIF 116:2), s. 1(2)(c), Sch.
Textual Amendments
F10S. 8 repealed by Finance Act 1975 (c. 7, SIF 99:3), ss. 50, 52(2)(3), 59, Sch. 13 Pt. I
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