The Confirmation to Small Estates (Scotland) Order 1999 No. 290 (S. 16)


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Statutory Instruments

1999 No. 290 (S. 16)

SHERIFF COURT, SCOTLAND

The Confirmation to Small Estates (Scotland) Order 1999

Made

4th February 1999

Laid before Parliament

11th February 1999

Coming into force

1st April 1999

The Secretary of State, in exercise of the powers conferred on him by section 1(3) of the Confirmation to Small Estates (Scotland) Act 1979(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Confirmation to Small Estates (Scotland) Order 1999 and shall come into force on 1st April 1999.

Amendment of legislation

2. In each of the following provisions of the Intestates Widows and Children (Scotland) Act 1875(2), namely:-�

(a)section 3 (confirmation to small intestate estate);

(b)Schedule A (form of inventory and relative declaration); and

(c)Schedule B (form of confirmation),

for the words "£17,000" there shall be substituted the words "£25,000".

3. In each of the following provisions of the Small Testate Estates (Scotland) Act 1876(3), namely:-�

(a)section 3(confirmation to small testate estate); and

(b)Schedule A (form of inventory and relative declaration),

for the words "£17,000" there shall be substituted the words "£25,000".

4. The Confirmation to Small Estates (Scotland) Order 1989(4) is hereby revoked.

Henry McLeish

Minister of State, Scottish Office

St Andrew's House,

Edinburgh

4th February 1999

Explanatory Note

(This note is not part of the Order)

This Order increases from £17,000 to £25,000 the limit of value of a deceased person's estate at or below which confirmation of executors may be obtained by the simplified procedures prescribed by the Intestates Widows and Children (Scotland) Act 1875 (for small intestate estates) and by the Small Testate Estates (Scotland) Act 1876 (for small testate estates). The previous Order increasing the limit is revoked.

(2)

1875 c. 41; section 3 was amended by the Small Estates (Representation) Act 1961 (c. 37), section 1(1) and Schedule 1, paragraph 1(1), by the Administration of Estates Act 1971 (c. 25), section 12(1) and Schedule 2, Part I and by the Finance Act 1975 (c. 7), sections 52(2), 59(5) and Schedule 13, Part I; section 3 was further amended and Schedules A and B were amended by the Confirmation to Small Estates (Scotland) Act 1979 (c. 22), section 1(1), by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), sections 74(1), 75(2) and Schedule 8 paragraphs 24(1)(a), 24(1)(b) and Schedule 9 and S.I. 1989/289.

(3)

1876 c. 24; section 3 was amended by the Small Estates (Representation) Act 1961 (c. 37), section 1(1) and Schedule 1, paragraph 2(1) and by the Administration of Estates Act 1971 (c. 25), section 12(1) and Schedule 2, Part I; section 3 was further amended and Schedule A was amended by the Confirmation to Small Estates (Scotland) Act 1979 (c. 22), section 1(2), by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), sections 74(1), 75(2), Schedule 8, paragraphs 25(1)(b), 25(2)(a) to (d) and Schedule 9 and S.I. 1989/289.


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