The Confirmation to Small Estates (Scotland) Order 2005

Scottish Statutory Instruments

2005 No. 251

SHERIFF COURT

The Confirmation to Small Estates (Scotland) Order 2005

Made

9th May 2005

Laid before the Scottish Parliament

10th May 2005

Coming into force

1st June 2005

The Scottish Ministers, in exercise of the powers conferred by section 1(3) of the Confirmation to Small Estates (Scotland) Act 1979(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Confirmation to Small Estates (Scotland) Order 2005 and shall come into force on 1st June 2005.

Amendment of legislation

2.  In each of the following provisions of the Intestates Widows and Children (Scotland) Act 1875(2), namely–

(a) section 3 (confirmation to small intestate estate);

(b) Schedule A (form of inventory and relative declarations); and

(c) Schedule B (form of confirmation),

for “£25,000” substitute “£30,000”.

3.  In each of the following provisions of the Small Testate Estates (Scotland) Act 1876(3), namely–

(a) section 3 (confirmation to small testate estate); and

(b) Schedule A (form of inventory and relative declaration),

for “£25,000” substitute “£30,000”.

Revocation

4.  The Confirmation to Small Estates (Scotland) Order 1999(4) is hereby revoked.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House, Edinburgh

9th May 2005

Explanatory Note

(This note is not part of the Order)

This Order increases from £25,000 to £30,000 the limit of value of a deceased person’s estate at or below which confirmation of executors may be obtained by the simplified procedures prescribed by the Intestates Widows and Children (Scotland) Act 1875 (for small intestate estates) and by the Small Testate Estates (Scotland) Act 1876 (the small testate estates). The Confirmation to Small Estates (Scotland) Order 1999 specifying the previous limit of £25,000 is revoked.

(1)

1979 c. 22. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

1875 c. 41; section 3 was amended by the Administration of Estates Act 1971 (c. 25), section 12(1) and Schedule 2, Part 1 and by the Finance Act 1975 (c. 7), sections 52(2), 59(5) and Schedule 13, Part 1; section 3 was further amended and Schedules A and B were amended by the Confirmation to Small Estates (Scotland) Act 1979 (c. 22), section 1(1), and by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 74(1) and Schedule 8, paragraphs 24(1) to (3); Schedule A was further amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Schedule 9. The previous figure specified in section 3 and Schedules A and B was inserted by S.I. 1999/290.

(3)

1876 c. 24; section 3 was amended by the Administration of Estates Act 1971 (c. 25), section 12(1) and Schedule 2, Part 1; section 3 was further amended and Schedule A was amended by the Confirmation to Small Estates (Scotland) Act 1979 (c. 22), section 1(2), and by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 74(1) and Schedule 8, paragraphs 25(1) and (2) and Schedule 9. The previous figure specified in section 3 and Schedule A was inserted by S.I. 1999/290.

(4)

S.I. 1999/290.