Part III

Administration and winding up of estates

Evidence as to testamentary documents in commissary proceedings.
21A
Confirmation of an executor to property disposed of in a testamentary document executed after the commencement of the Requirements of Writing (Scotland) Act 1995 shall not be granted unless the formal validity of the document is governed—
a
by Scots law and the document is presumed under section 3 or 4 of that Act to have been subscribed
or under section 9C or 9D (or by virtue of section 9E(1)) of that Act to have been authenticated
by the granter so disposing of that property; or
b
by a law other than Scots law and the court is satisfied that the document is formally valid according to the law governing such validity.
S. 21A inserted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 39 (with ss. 9(3)(5)(7), 13, 14(3))
Words in s. 21A(a) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 para. 14 (with s. 121, Sch. 4 paras. 13, 16) (as amended by S.S.I. 2014/346, arts. 1(2), 3); S.S.I. 2014/127, art. 2