Wills and testaments

[RJ_Paton]

The £50 limit if it was that, was from some time back ... in the case of the above testament 1842 - there was a limit set by the Sheriff Court before they became involved and the majority I have looked at from that period are over £50

You also have to remember that you are dealing with Scots law not English based law which is perhaps the more normal experience for researchers here.

[carolineasb]

Falkyrn

I was just wondering if you had found that information in a particular "Statute". 

The rest of my post was referring to present day Scots Law.  I know that there have been many factors affecting succession over the centuries and not only by statute but also by common law.

Regards

Caroline

[RJ_Paton]

http://www.scotcourts.gov.uk/library/civil/estates/docs/smallest.pdf

gives some insight into the current procedures regarding  "small estates" although the figure quoted there is £25,000

prior to 1964 the system of primogeniture was in place and the eldest son would have got all of the heritable property with the movable estate being divided into 3 equal parts (2 if there were no children).

the widow's part - jus relictae
the bairns' part - legitim
the dead's part - deid's part

One case example given is of a widow left £2000 in a will challenging the will and claiming her legal right (jus relictae) to a third of the movable estate.

I am not sure if there would have been a limit in those days but common sense (not often found in the Law) dictates that there must have been one

[carolineasb]

Falkyrn

Just to let you know that the link you have given is to a downloadable form which states that the limit is £25,000.  The actual main page regarding Confirmation/Small Estates on the Website states that the limit is £30,000.  I have e-mailed the Web Master so that it can be updated.

Regards

Caroline

[carolineasb]

Leaflet has now been updated as per my previous post

Caroline