Search Legislation

The Confirmation to Small Estates (Scotland) Order 2005

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources