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Commons Amendment

Volume 413: debated on Tuesday 21 October 1980

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3 After Clause 4, insert the following new clause:

Finding of caution by intestates spouse.

'.In section 2 of the Confirmation of Executors (Scotland) Act 1823 (court to regulate caution to be found), for the words "executors-nominate; and in" there shall be substituted the words—

  • "(a) an executor-nominate; or
  • (b) an intestate's spouse 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.
  • In".'

    My Lords, this amendment introduces a new clause to the Bill, providing that where a person dies intestate and his whole estate goes to his surviving spouse by virtue of the prior rights provisions of the Succession (Scotland) Act 1964, the surviving spouse does not require to obtain a bond of caution to enable him or her to get confirmation as executor-dative. The clause was introduced during the Commons Committee stage by the Opposition, and it seems a very worthwhile improvement in the law in this subject. I beg to move.

    Moved, That this House doth with the Commons in the said amendment.—( Lord Mackay of Clashfern.)

    On Question, Motion agreed to.