Confirmation to Small Estates (Scotland) Act 1979
| Year | 1979 |
Confirmation to SmallEstates (Scotland) Act 1979
1979 CHAPTER 22
An Act to amend the law relating to confirmation to small estates in Scotland; and for connected purposes.
[29th March 1979]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Confirmation of small estate.
(1) In the Intestates Widows and Children (Scotland) Act 1875—
(a ) in section 3 (confirmation to small intestate estate)—
(i) for the words ‘the net estate of an intestate is of a value less than one thousand pounds, and his gross estate is of a value less than three thousand pounds, his widow or any one or more of his children, or in the case of an intestate widow any one or more of her children,’ there shall be substituted the words ‘the whole estate of an intestate is of a value not exceeding 10,000 an applicant for confirmation thereto’; and
(ii) for the words ‘without the payment of any fee therefor save as is provided in Schedule C annexed to this Act’ there shall be substituted the words ‘on payment of the requisite fee’;
(b ) in section 5 (commissary clerk to be satisfied as to value of estate), for the words ‘either of the values’ there shall be substituted the words ‘the value’;
(c ) in section 7 (acts of sederunt), the words ‘; but the total amount to be charged to applicants shall not in any case exceed the sums mentioned in Schedule C annexed to this Act’ shall cease to have effect;
(d ) in Schedule A (form of inventory and relative oath) for the words ‘150l .’ there shall be substituted the words ‘10,000’;
(e ) in Schedule B (form of confirmation) for the words ‘150l .’ there shall be substituted the words ‘10,000’; and
(f ) Schedule C (fees) shall cease to have effect.
(2) In the Small Testate Estates (Scotland) Act 1876—
(a ) in section 3 (confirmation to small testate estate)—
(i) for the words ‘the net estate of a testate is of a value less than one thousand pounds, and his gross estate is of a value less than three thousand pounds the executor of such testate’ there shall be substituted the words ‘the whole estate of a testate is of a value not exceeding 10,000 an applicant for confirmation thereto’; and
(ii) for the words ‘without the payment of any fee therefor save as is provided in Schedule C annexed to this Act’ there shall be...
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