Confirmation of Executors (Scotland) Act 1823
1823 c.98
An Act for the better granting of Confirmations in Scotland.
Short title “The Confirmation of Executors (Scotland) Act 1823” given by Short Titles Act 1896 (c. 14)
Preamble omitted under authority of Statute Law Revision (No. 2) Act 1890 (c. 51)
Words of enactment repealed by Statute Law Revision Act 1888 (c. 3) and Statute Law Revision (No. 2) Act 1890 (c. 51)
The Confirmation Act 1690 cited or referred to by its short title under authority of Statute Law Revision Act 1893 (c. 14), s. 3
1 Right to confirmation to transmit to representatives.
In all cases of intestate succession, where any person or persons who, at the period of the death of the intestate, being next of kin, shall die before confirmation be expede, the right of such next of kin shall transmit to his or her representatives, so that confirmation may and shall be granted to such representatives, in the same manner as confirmations might have been granted to such next of kin immediately upon the death of such intestate.
C52 Court to regulate caution to be found.
Caution shall not be required to be found by
F1a
an executor–nominate; or
b
an intestate’s spouse F6or civil partner who shall be executor–dative and has right, by virtue of sections 8 and 9(2) of the Succession (Scotland) Act 1964, to the whole estate.
F4See also section 3 of the Intestates Widows and Children (Scotland) Act 1875.
InF5cases where caution is required to be found the court granting confirmation shall fix the amount of the sum for which caution shall be found by the person or persons to whom confirmation shall be granted, not exceeding the amount confirmed.
3 Partial confirmations to cease.
Every person requiring confirmation shall confirm the whole moveable estate of a deceased person known at the time, to which such person shall make F2declaration: Provided always, that it shall and may be lawful to eik to such confirmation any part of such estate that may afterwards be discovered, provided the whole of such estate so discovered shall be added, upon F2declaration as aforesaid: Provided nevertheless, that nothing herein contained shall affect or alter the provision made with respect to special assignations by the M1Confirmation Act 1690.
4 In cases of Executor’s, Creditor, confirmation to be granted.
Provided further, that in the case of confirmation by executor’s creditor, such confirmation may be limited to the amount of the debt and sum confirmed to which such creditor shall make F3declaration: Provided always, that notice of every application for confirmation by any executor’s creditor shall be inserted in the Edinburgh Gazette, at least once, immediately after such application shall be made; in evidence whereof, a copy of the Gazette in which such notice shall have been inserted shall be produced in court before any such confirmation shall be further proceeded in.
Act wholly in force at Royal Assent.