Confirmation of Executors (Scotland) Act 1858

2 Petition to Commissary to be substituted. †Form of petition as in Schedule A.E+W+S+N.I.

Every person desirous of being decerned executor of a deceased person as disponee, next of kin, creditor, or in any other character whatsoever now competent, or of having some other person, possessed of such character, decerned executor to a deceased person, shall . . . . . . F1 present a petition to the commissary for the appointment of an executor; which petition . . . . . . F2 shall be subscribed by the petitioner or by his agent [F3or by an executry practitioner or a recognised financial institution providing executry services within the meaning of section 23 of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1990].

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Amendments (Textual)

F2Word repealed by S. I. 1964/1143

F3Words added (1.3.1997 except in relation to a recognised financial institution, as to whichprosp..) by Law Reform (Miscellaneous Provisions)(Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 22(1); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)

Modifications etc. (not altering text)

C1A dagger appended to a marginal note means that it is no longer accurate