An Act for the Relief of the Executors of Testates in Scotland where the Personal Estate is of small Value.
[13th July 1876]
Modifications etc. (not altering text)
C1Act extended to testates who have died domiciled furth of Scotland by Customs and Inland Revenue Act 1881 (c. 12), s. 34
C2Functions of Commissary Courts and Commissary Clerks in Scotland (except Commissary Clerk of Edinburgh) now exercisable by Sheriffs and Sheriff Clerks: Sheriff Courts (Scotland) Act 1876 (c. 70), ss. 35-39, 54, Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35), ss. 10, 11(1) and S.R. & O. 1933/1089 (1933, p. 520)
C3Preamble omitted under authority of Statute Law Revision Act 1894 (c. 56)
C4Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
C5Confirmation of Executors (Scotland) Act 1858 cited or referred to by its short title under authority of Statute Law Revision Act 1893 (c. 14), s. 3
This Act may be cited for all purposes as The Small Testate Estates (Scotland) Act, 1876.
This Act shall extend to Scotland only.
Where [F2the whole estate of a testate is of a value not exceeding [F1£36,000] 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 [F3declaration] , as nearly as may be in the form of Schedule A. appended to this Act, and, upon such an inventory [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
Textual Amendments
F1Word in s. 3 substituted (1.2.2012) by The Confirmation to Small Estates (Scotland) Order 2011 (S.S.I. 2011/435), arts. 1, 3(a)
F2Words in s. 3 substituted by Confirmation to Small Estates (Scotland) Act 1979 (c. 22, SIF 116:2), s. 1(1)(a)
F3Word in s. 3 substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 25(1)(a); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
F4Words in s. 3 substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 25(1)(b); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
F5Words in s. 3 repealed by Administration of Estates Act 1971 (c. 25, SIF 116:1, 2), s. 12, Sch. 2 Pt. I
Marginal Citations
The commissary clerk of the county may require such proof as he may think sufficient to establish the identify of the executor.
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.
Textual Amendments
F6Words substituted by Small Estates (Representation) Act 1961 (c. 37), s. 1(1), Sch. 1 para. 2(2)
F7Words substituted by Confirmation to Small Estates (Scotland) Act 1979 (c. 22, SIF 116:2), s. 1(2)(b)
Textual Amendments
F8S. 6 repealed (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(2), Sch. 9; S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
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.
Textual Amendments
F9Words repealed by Confirmation to Small Estates (Scotland) Act 1979 (c. 22, SIF 116:2), s. 1(2)(c), Sch.
Textual Amendments
F10S. 8 repealed by Finance Act 1975 (c. 7, SIF 99:3), ss. 50, 52(2)(3), 59, Sch. 13 Pt. I
Textual Amendments
F11Word in Sch. A substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 25(2)(a); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
Inventory of the Personal Estate and Effects wheresoever situated of A.B. (design deceased), who died, testate, on the day of 18 , at , and had at the time of his (or her) ordinary or principal domicile in the county of A.
| 1. | Cash in the house | £ |
| 2. | Household furniture and other effects in the house | |
| 3. | Stock-in-trade and other effects belonging to deceased | |
| 4. | Money in bank £ | |
| Interest thereon to date of [F11declaration] to inventory ——— | ||
| Amount of personal estate in Scotland | £——— | |
| 1. | Principal sum in policy of insurance on life of deceased by the A.B. Insurance Co., numbered and dated 18 £ |
| Vested bonuses | |
| Amount of personal estate in England | £——- |
| Total amount of personal estate in Scotland and England | £——- |
(Add under Scotland or England any other estate in usual)
At on the day of 18 . [F12[name and address of applicant] (hereinafter referred to “the applicant”) hereby declares]: That the said A.B. (repeat designation, died, testate, on the day of 18 , at , and had at the time of death his (or her) ordinary or principal domicile in the said county of A.: That the [F13applicant] is the executor of the said A.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 [F13applicant], and as relative hereto: That the [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 [F13applicant], and the said as relative hereto is a full and complete inventory of the personal estate and effects of the said deceased A.B. wheresoever situated and belonging or due to him (or her) beneficially at the time of death in so far as the same has come to the knowledge of the [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£36,000] 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 [F13applicant] (and the said ). F15. . ..
Textual Amendments
F12Words in Sch. A substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 25(2)(b); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
F13Words in Sch. A substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 25(2)(c); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
F14Word in Sch. A substituted (1.2.2012) by The Confirmation to Small Estates (Scotland) Order 2011 (S.S.I. 2011/435), arts. 1, 3(b)
F15Words in Sch. A repealed (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 para. 25(2)(a), Sch. 9; S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
Modifications etc. (not altering text)
C6Forms prescribed by S.I. 1967/789 are to be used by Sheriff Clerks and may be used with modifications by Commissary Clerk of Edinburgh in lieu of form prescribed by Sch. B
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 (or her) ordinary or principal domicile in the county of A.
The said deceased A.B. had pertaining and resting owing to him (or her) at the time of his (or her) 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 of A., considering that the said A.B. died, testate, on the day of , 18 , at , and had at the time of death his (or her) ordinary or principle domicile in the said county of A.; and farther considering that the said A.B. by his (or her) 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 said C.D. to be his (or her) executor; and now seeing that the said C.D. as executor nominate foresaid, has given up on [F16declaration] an inventory of the whole personal estate and effects of the said A.B. at the time of his (or her) 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 said C.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.
Textual Amendments
F16Word in Sch. B substituted (1.3.1997) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 25(3); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
Given under the seal of office of the commissariat of the county of A., and signed by the clerk of court at on the day of , 18 .
Commissary Clerk.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Sch. C repealed by Confirmation to Small Estates (Scotland) Act 1979 (c. 22, SIF 116:2), s. 1(2)(e), Sch.