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Confirmation of Executors (Scotland) Act 1858 is up to date with all changes known to be in force on or before 07 October 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
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2.Petition to Commissary to be substituted. †Form of petition as in Schedule A.
5.Certificate of intimation of petition. Additional intimation of petition in certain cases.
8.Where inventories, &c. may be recorded. Confirmations may be granted.
9.Inventory may include personal estate in any part of United Kingdom.
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15.For securing the stamp duties, probates, &c. to be deemed granted for all the property in the United Kingdom.
16.Provisions of former Acts to apply to the probates, letters of administration, and inventories mentioned in this Act.
17.Affidavit as to domicile to be made on applying for probate or administration.
18.Acts of sederunt to be passed for following out the purposes of this Act.
19.Former Acts of Sederunt repealed if inconsistent with this Act.
SCHEDULES to which the foregoing Act refers
I, A.B., commissary of the county of [specify county], considering...
Given under the seal of office of the commissariot [specify...
and signed by the clerk of court at [specify place],...
To be signed by the commissary clerk or his depute,...
seal of office.
Form of a Testament Testamentar or Confirmation of an Executor Nominate.
I, A.B., commissary of the county of [specify county], considering...
Given under the seal of office of the commissariot of...
and signed by the clerk of court at [specify place],...
To be signed by the commissary clerk or his depute,...
seal of office.
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