Intestates Widows and Children (Scotland) Act 1875
| Jurisdiction | UK Non-devolved |
| Citation | 1875 c. 41 |
| Year | 1875 |
Intestates Widows and Children (Scotland) Act, 1875
(38 & 39 Vict.) CHAPTER 41.
An Act for the relief of Widows and Children of Intestates in Scotland where the personal estate is of small value.
[19th July 1875]
W HEREAS many poor persons die intestate in Scotland possessed of personal estate of small amount, and it is desirable to increase the facilities for expeding confirmation to such estate and effects, and to reduce the expense attending the same:
Be it therefore 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 Short title.
1. This Act may be cited for all purposes as theIntestates Widows and Children (Scotland) Act, 1875.
2 Extent of Act.
2. This Act shall extend to Scotland only.
3 Where estate does not exceed 150l, widow or children may apply to commissary clerk to fill up inventory and expede confirmation.
3. Where the whole personal estate and effects of an intestate dying domiciled in Scotland shall not exceed in value the sum of one hundred and fifty 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, may apply to the commissary clerk of the county within which the intestate was domiciled at the time of death; and the said commissary clerk shall prepare and fill up an inventory and relative oath, as nearly as may be in the form of Schedule A. appended to this Act, and shall take the oath of the applicant thereto, and on caution being found by the applicant according to the practice of the commissary court shall proceed to record said inventory and expede confirmation in the form as nearly as may be of Schedule B. annexed to this Act, and shall deliver the same to the applicant without the payment of any fee therefor save as is provided in Schedule C. annexed to this Act: Provided always, that where the value of the said estate and effects exceeds the sum of one hundred pounds the said inventory shall be duly stamped before being recorded; and such confirmation shall have the same force and effect as that prescribed in Schedule D. annexed to the Act of the twenty-first and twenty-second Victoria, chapter fifty-six; and where such confirmation shall contain English or Irish estate the Registrar of any Probate Court in England or Ireland shall affix the seal of the said court thereto on the confirmation being sent to him by the commissary clerk for that purpose, enclosing a fee of two shillings and sixpence.
4 Proof of identity and relationship may be required.
4. The commissary clerk of the county may require such proof as he may think sufficient to establish the identity and relationship of the applicant.
5 Commissary clerk may refuse to proceed if not satisfied that whole estate not more than 150l
5. If the...
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