1 Short title.S

This Act may be cited for all purposes as The Small Testate Estates (Scotland) Act, 1876.

2 Extent of Act.S

This Act shall extend to Scotland only.

3 Where estate does not exceed [F1£17, 000] executor may apply to the commissary clerk to fill up inventory and expede confirmation.S

Where [F2the whole estate of a testate is of a value not exceeding [F1£17, 000] an applicant for confirmation thereto] may apply to the commissary clerk of the county within which such testate was domiciled at the time of death; and the said commissary clerk, on production of the will or other writing of the testate containing the nomination of an executor, shall prepare and fill up an inventory and relative [F3oath][F3declaration] , as nearly as may be in the form of Schedule A. appended to this Act, and, upon such an inventory [F4being duly sworn to][F4and declaration being duly signed] by the executor, shall proceed to record said will or other writing and 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 executor [F2on payment of the requisite fee] ; and such confirmation shall have the same force and effect as that prescribed in Schedule E. annexed to the M1Confirmation of Executors (Scotland) Act 1858; . . . F5

4 Proof of identity.S

The commissary clerk of the county may require such proof as he may think sufficient to establish the identify of the executor.

5 Commissary clerk must be satisfied that whole estate is under 150l.S

If the commissary clerk of the county has reason to believe that [F6the estate and effects of which the testate died possessed exceed [F7the value] specified in section three of this Act] , he shall refuse to proceed with the application until he is satisfied as to the true value thereof.

[F86 Who may administer oath.S

Oaths or affirmations under this Act or under the M2Intestates Widows and Children’s (Scotland) Act, 1875, shall, notwithstanding anything to the contrary in the last-mentioned Act, be administered in the manner provided by section eleven of the M3Confirmation and Probate Act, 1858.]

7 Procedure and fees.S

Any rules and orders and tables of fees requisite for carrying this Act into operation shall be framed and may from time to time be altered by the Court of Session by Act of Sederunt . . . F9.

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10S

SCHEDULES

SCHEDULE AS Form of Inventory and Relative [F11Oath][F11Declaration]

Inventory of the Personal Estate and Effects wheresoever situated ofA.B. (design deceased), who died, testate, on the day of 18 , at , and had at the time of his (orher) ordinary or principal domicile in the county ofA.

(Add under Scotland or England any other estate in usual)

At on the day of 18 . [F12In presence of AppearedC.D. (design [F13deponent][F13applicant]), who being solemnly sworn and examined depones][F12[name and address of applicant] (hereinafter referred to “the applicant”) hereby declares]: That the saidA.B. (repeat designation, died, testate, on the day of 18 , at , and had at the time of death his (orher) ordinary or principal domicile in the said county ofA.: That the [F13deponent][F13applicant]is the executor of the saidA.B., and has entered upon the possession and management of his or her estate as executor nominated by him or her (along with ) in his or her will (or other testamentary settlement or writing) dated the day of 18 , and now exhibited and signed by the [F13deponent][F13applicant], and as relative hereto: That the [F13deponent][F13applicant]does not know of any other will or testamentary settlement or writing relative to the disposal of the deceased’s personal estate or effects, or any part thereof: That the foregoing inventory signed by the [F13deponent][F13applicant], and the said as relative hereto is a full and complete inventory of the personal estate and effects of the said deceasedA.B. wheresoever situated and belonging or due to him (orher) beneficially at the time of death in so far as the same has come to the knowledge of the [F13deponent][F13applicant]: That the value at this date of the whole real and personal estate and effects, including the proceeds accrued thereon down to this date, does not exceed [F14£17, 000] sterling: That confirmation of the said personal estate and effects in Scotland (England and Ireland,as the case may be) is required in favour of the [F13deponent][F13applicant](and the said ). [F15All which is truth, as the [F13deponent][F13applicant]shall answer to God.]

SCHEDULE BS Form of Confirmation

Confirmation issued under the Act 39 & 40S

Vict. c. 24 Confirmation in favour of

C.D., residing at , executor nominate ofA.B. (design deceased), who died testate, on the day of 18 , at , and had at the time of death his (orher) ordinary or principal domicile in the county ofA.

The said deceasedA.B. had pertaining and resting owing to him (orher) at the time of his (orher) death the following personal estate and effects, viz.:

[Take in particulars of estate as specified in the inventory]

I,E.F., Esq., Commissary of the said county ofA., considering that the saidA.B. died, testate, on the day of , 18 , at , and had at the time of death his (orher) ordinary or principle domicile in the said county ofA.; and farther considering that the saidA.B. by his (orher) will (or other writing containing the nomination of executor) dated the day of 18 , and recorded in my court books upon the day of 18 , nominated and appointed the saidC.D. to be his (orher) executor; and now seeing that the saidC.D. as executor nominate foresaid, has given up on [F16oath][F16declaration]an inventory of the whole personal estate and effects of the saidA.B. at the time of his (orher) death, situated in Scotland (and England and Ireland, as the case may be), amounting in value to £ , as therein and herein-before set forth, and that the said inventory has likewise been recorded in my court books on the said day of 18 : Therefore I, in Her Majesty’s name and authority, ratify, approve, and confirm the nomination of executor contained in the foresaid will (or other writing containing the nomination of executor), and I give and commit to the saidC.D. full power to uplift, receive, administer, and dispose of the said personal estate and effects, grant discharges thereof, if needful to pursue therefor, and generally everything concerning the same to do that to the office of an executor nominate is known to belong: Providing always, that he shall render just count and reckoning for his intromissions therewith, when and where the same shall be legally required.

Given under the seal of office of the commissariat of the county ofA., and signed by the clerk of court at on the day of , 18 .

Commissary Clerk.

F17F17SCHEDULE CS

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