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Wills Act 1963
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- UK Public General Acts
- 1963 c. 44
- Section 5
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5Certain testamentary instruments to be probative for conveyance of heritable property in Scotland.
(1)Any testamentary instrument shall, notwithstanding anything in any Act passed before this Act, be treated as probative for the purpose of the conveyance of heritable property in Scotland if—
(a)confirmation of executors to property disposed of in the instrument has been issued in Scotland, or
(b)probate, letters of administration or other grant of representation issued outwith Scotland in respect of property disposed of in the instrument has been certified in Scotland under section 14 of the [21 & 22 Vict. c. 56.] Confirmation and Probate Act 1858 or sealed in Scotland under section 2 of the [55 & 56 Vict. c. 6.] Colonial Probates Act 1892.
(2)This section shall be without prejudice to the treating as probative for the said purpose of any instrument which would be so treated apart from this section.
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