Regimental Debts (Deposit of Wills) (Scotland) Act 1919
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Change 1
1 Delivery of wills deposited under s. 21 of 56 & 57 Vict. c. 5.
(1) Where the will of any person has been or shall hereafter be deposited, under section twenty-one of the Regimental Debts Act, 1893, in the office of the Commissary Clerk of the Commissary Court of the county of Edinburgh, and an application for delivery of such will is presented to the Commissary Clerk either by a sheriff clerk stating that the same is required for the purpose of the confirmation of an executor of such person, or by a law-agent (within the meaning of the Law Agents (Scotland) Act 1873), who shall send with his application a declaration signed by himself that the will is required on behalf of a client therein named and designed for the purpose of completing a title to heritable estate in Scotland, the Commissary Clerk shall, notwithstanding anything contained in the said section, deliver the said will to such sheriff clerk or to such law-agent, as the case may be, on receiving a receipt therefor from such sheriff clerk or law-agent, which receipt shall be preserved and dealt with by the Commissary Clerk in like manner as a will deposited in pursuance of the said section. (2) The power of the Court of Session under subsection (4) of the said section to make rules or orders and to fix fees, shall include power to make rules or orders and to fix fees with regard to the delivery of wills by the Commissary Clerk and to the receipts granted therefor in pursuance of the foregoing subsection.
1 Delivery of wills deposited under s. 21 of 56 & 57 Vict. c. 5.
(1) Where the will of any person has been or shall hereafter be deposited, under section twenty-one of the Regimental Debts Act, 1893, in the office of the Commissary Clerk of the Commissary Court of the county of Edinburgh, and an application for delivery of such will is presented to the Commissary Clerk either by a sheriff clerk stating that the same is required for the purpose of the confirmation of an executor of such person, or by a law-agent (within the meaning of the Law Agents (Scotland) Act 1873), who shall send with his application a declaration signed by himself that the will is required on behalf of a client therein named and designed for the purpose of completing a title to heritable estate in Scotland, the Commissary Clerk shall, notwithstanding anything contained in the said section, deliver the said will to such sheriff clerk or to such law-agent, as the case may be, on receiving a receipt therefor from such sheriff clerk or law-agent, which receipt shall be preserved and dealt with by the Commissary Clerk in like manner as a will deposited in pursuance of the said section. (2) The power of the Court of Session under subsection (4) of the said section to make rules or orders and to fix fees, shall include power to make rules or orders and to fix fees with regard to the delivery of wills by the Commissary Clerk and to the receipts granted therefor in pursuance of the foregoing subsection.
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