51 Probate equivalent to will or extract for completing title.
The production to any notary public of the probate of the will or other testamentary settlement of a person deceased, issued by (a)any Court of Probate in England or in Ireland, or in any British colony or dependency or (b) a district court in Palestine before 15th May 1948, or (c) the Supreme Court of Aden before 30th November 1967,or an exemplification of such probate, shall for the purpose of completing a title to any land, or real right in land, or to any heritable security, be held to be equivalent to and as effectual as the production to such notary of the will or settlement itself, or of an extract thereof from the books of council and session, and it shall not be competent to institute any challenge of any notarial instrument in respect of the probate or exemplification having been used as the warrant for expeding the same prior to the commencement of this Act.
Power to extend s. 51 given by Foreign Jurisdiction Act 1890 (c. 37), s. 5, Sch. 1
Words in s. 51 ceases to have effect (28.11.2004) by virtue of Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(16)(a)(c), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
Words in S. 51 inserted by Statute Law (Repeals) Act 1981 (c. 19), Sch. 2
Words in s. 51 inserted (8.11.1995) by 1995 c. 44, s. 1(2), Sch. 2 para. 2
Words in s. 51 substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(16)(b) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2