- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Executors (Scotland) Act 1900.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
This Act may be cited as the Executors (Scotland) Act, 1900.
All executors nominate shall, unless the contrary be expressly provided in the trust deed, have the whole powers, privileges, and immunities, and be subject to all the limitations and restrictions, which from time to time gratuitous trustees have, or are subject to, under the Trusts (Scotland) Acts, 1861 to 1898, or this Act, or any Act amending the same, and otherwise under the statute and common law of Scotland.
Where a testator has not appointed any person to act as his executor, or failing any person so appointed, the testamentary trustees of such testator, original or assumed, or appointed by the Supreme Court [F1or the sheriff court](if any), failing whom any general disponee or universal legatory or residuary legatee appointed by such testator, shall be held to be his executor nominate, and entitled to confirmation in that character.
Textual Amendments
F1Words inserted by Law Reform (Miscellaneous Provisions) Act 1980 (c. 55, SIF 72:2), s. 28(1), Sch. 2 para. 2
In all cases where confirmation is, or has been, granted in favour of more executors dative than one, the powers conferred by it shall accrue to the survivors or survivor, and while more than two survive a majority shall be a quorum, and each shall be liable only for his own acts and intromissions.
All confirmations of personal estate shall have embodied therein, or appended thereto, the inventory of estate confirmed, and the forms of confirmation prescribed by the M1Confirmation of Executors (Scotland) Act, 1858, section ten, Schedules D. and E., shall be amended accordingly, by the insertion of words referring to the inventory as being embodied therein or appended thereto, or words to that effect.
Marginal Citations
When any sole or last surviving trustee or executor . . . F2 has died with any [F3property (whether heritable or moveable) in Scotland vested in him] as trustee or executor, confirmation by his executors . . . F2 (if any) to the proper . . . F2 estate of such trustee or executor . . . F2, or the probate granted in England [F4and Wales or Northern Ireland to his executors and noting his domicile in England and Wales or in Northern Ireland, as the case may be] shall, whether granted before or after the passing of this Act, be valid, and available to such executors for recovering such [F3property], and for assigning and transferring the same to such person or persons as may be legally authorised to continue the administration thereof, or, where no other act of administration remains to be performed, directly to the beneficiaries entitled thereto, or to any person or persons whom the beneficiaries may appoint to receive and discharge, realise and distribute the same, provided always that a note or statement of such [F3property] shall have been appended to any inventory or additional inventory of the personal estate of such deceased trustee or executor . . . F2 given up by his executors . . . F2 in Scotland, and duly confirmed; and provided further that nothing herein contained shall bind executors of a deceased trustee or executor . . . F2 to make up title to such [F3property], nor prejudice or exclude the right of any other person to complete a title to such [F3property] by any proceedings otherwise competent.
Textual Amendments
F2Words repealed with savings by Succession (Scotland) Act 1964 (c. 41), ss. 14(1), 34(1), Sch. 2 para. 13
F3Words substituted with savings by Succession (Scotland) Act 1964 (c. 41), ss. 14(1), 34(1), Sch. 2 para. 13
F4Words substituted by Administration of Estates Act 1971 (c. 25), Sch. 1 para. 2
Where any confirmation has become inoperative by the death or incapacity of all the executors in whose favour it has been granted, no title to intromit with the estate confirmed therein shall, otherwise than in the circumstances and to the extent authorised by the preceding section, transmit to the representatives of any such executors whatever may be the extent of their beneficial interest therein, but it shall be competent to grant confirmation ad non executa to any estate contained in the original confirmation which may remain unuplifted or untransferred to the persons entitled thereto, and such confirmation ad non executa shall be granted to the same persons and according to the same rules as confirmations ad omissa are at present granted, and shall be a sufficient title to continue and complete the administration of the estate contained therein, [F5and it shall be competent to specify such confirmation as a midcouple or link of title for the purposes of any deduction of title in relation to such estate from the former executors] provided always that nothing herein contained shall be held to affect the rights and preferences at present conferred by confirmation on executors creditors.
Textual Amendments
F5Words inserted by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 para. 14
Textual Amendments
F6S. 8 repealed (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), ss. 74(2), 75(2), Sch. 9; S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
Textual Amendments
F7S. 9 repealed by Finance Act 1967 (c. 54), Sch. 16 Pt. V
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: