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Confirmation of Executors (Scotland) Act 1858

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. I.Practice of raising Edicts of Executry to cease.

  3. II.Petition to Commissary to be substituted.

  4. III.To whom Petition to be presented.

  5. IV.Mode of intimating Petition.

  6. V.Certificate of Intimation of Petition.

  7. VI.Procedure on Petition.

  8. VII.Not to affect present Procedure.

  9. VIII.Where Inventories, &c. may be recorded.

  10. IX.Inventory may include Personal Estate in any Part of United Kingdom.

  11. X.Form and Effect of Confirmations.

  12. XI.Oaths, before whom to be taken.

  13. XII.Confirmation produced in Probate Court of England, and sealed, to have the Effect of Probate or Administration.

  14. XIII.Confirmation produced in Probate Court of Dublin, and sealed, to have the Effect of Probate or Administration.

  15. XIV.Probate or Letters of Administration produced in Commissary-Court and certified, to have Effect of Confirmation.

  16. XV.For securing the Stamp Duties, Probates, &c. to be deemed granted for all the Property in the United Kingdom.

  17. XVI.Provisions of former Acts to, apply to the Probates, Letters of Administration, and Inventories mentioned in this Act.

  18. XVII.Affidavit as to Domicile to be made on applying for Probate or Administration.

  19. XVIII.Acts of Sederunt to be passed for following out Purposes of this Act.

  20. XIX.All former Acts, and Acts of Sederunt made in virtue...

  21. XX.Interpretation of Terms.

  22. Schedule to which the foregoing Act refers.

    1. Schedule A

      1. Form of a Petition for Appointment of an Executor to a deceased Person

        1. Unto the Honourable the Commissary of [specify the County], the...

    2. Schedule B

      1. Roll of Petitions for the Appointment of Executors in Commissary Courts in Scotland

    3. Schedule C

      1. Form of Certificate by Commissary Clerk of Publication of a Petition for the Appointment of an Executor

        1. I, A.B., Commissary Clerk [or " Commissary Clerk Depute," as...

    4. Schedule D

      1. Form of d, Testament Dative or Confirmation of the Executor of a Person who has died without naming one

        1. I, A.B., Commissary of the County of [specify County], considering...

    5. Schedule E

      1. Form of a Testament Testamentar or Confirmation of an Executor Nominate

        1. I, A.B., Commissary of the County of [specify County], considering...

    6. Schedule F

      1. I, A.B., Commissary Clerk [or Commissary Clerk Depute] of the...

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