2011 No. 435
Sheriff Court

The Confirmation to Small Estates (Scotland) Order 2011

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 1(3) of the Confirmation to Small Estates (Scotland) Act 19791 and all other powers enabling them to do so.

Citation and commencement

1.

This Order may be cited as the Confirmation to Small Estates (Scotland) Order 2011 and comes into force on 1st February 2012.

Amendment of legislation

2.

In each of the following provisions of the Intestates Widows and Children (Scotland) Act 18752, 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 “£30,000” substitute “£36,000”.

3.

In each of the following provisions of the Small Testate Estates (Scotland) Act 18763, namely:—

(a)

section 3 (confirmation to small testate estate); and

(b)

Schedule A (form of inventory and relative declaration),

for “30,000” substitute “£36,000”.

Revocation

4.

The Confirmation to Small Estates (Scotland) Order 20054 is revoked.
R CUNNINGHAM
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Order)

This Order increases from £30,000 to £36,000 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 1975 (for small intestate estates) and by the Small Testate Estates (Scotland) Act 1876 (for small testate estates). The Confirmation to Small Estates (Scotland) Order 2005, which specified the previous limit, is revoked.