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Conveyancing (Scotland) Act 1874

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51Probate 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 any Court of Probate in England or in Ireland, or in any British colony or dependency, or of an exemplification of such probate, shall for the purpose of expeding a notarial instrument, or otherwise completing a title to any estate 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.

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