Executor Dative - looking for advice on the process

FeltDrip

Hi - I'm looking for some advice. If anyone has successfully negotiated the process to become an Executor Dative via a Sheriff Court in Scotland, could you please answer the following questions:

1. which form must I use and where can I find it?
2. what evidence did you provide to substantiate your application?
3. how many copies of each item of evidence did you provide?
4. was that evidence 'docquetted'?
5. can you explain how the docquetting process worked

Thanks,

(Removed by Forum Team)

Marcon

FeltDrip said:

Hi - I'm looking for some advice. If anyone has successfully negotiated the process to become an Executor Dative via a Sheriff Court in Scotland, could you please answer the following questions:

1. which form must I use and where can I find it?
2. what evidence did you provide to substantiate your application?
3. how many copies of each item of evidence did you provide?
4. was that evidence 'docquetted'?
5. can you explain how the docquetting process worked

Thanks,

(Removed by Forum Team)

(Removed by Forum Team) - what's the value of the estate?

Have you looked online and been left baffled, or simply not (yet) looked for information that way? If the latter, there's plenty to help you - eg

 https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceaseds-estate-in-scotland/guide-to-dealing-with-a-deceaseds-estate-in-scotland/ 

 https://www.myprobatepartner.co.uk/dealing-with-an-estate-without-a-will?utm_source=google&utm_medium=cpc&utm_term=executor%20dative&utm_content=676874550415&utm_campaign=technical_terms.rest_of_the_uk&campaignid=20641323573&utm_adgroup=149743533530&network=g&location=9045997?device=c&placement=&adposition=&devicemodel=&targetid=kwd-347852675984&matchtype=p&physicallocation=9045997&interestlocation=&extensionid=&gclid=CjwKCAjwqf20BhBwEiwAt7dtdWtON1MJOrRO4lKF7ELRMf3xaGt49U3OlcPbk3a458GWlJ0ZiKGcNxoCVKYQAvD_BwE&gad_source=1&gbraid=0AAAAACn3lTdT9K75UEko-mfbBmymIIGdy 

https://www.justanswer.com/scottish-law/gx5ht-applying-confirmation-need-wording.html

buddy9

FeltDrip said:

Hi - I'm looking for some advice. If anyone has successfully negotiated the process to become an Executor Dative via a Sheriff Court in Scotland, could you please answer the following questions:

The system in Scotland is not easy or user focussed.

You need to consider that there are (normally) two separate processes. Application for appointment as executor dative and then application for Confirmation.

There is not a form as such for executor dative application, but a set style.  Occasional examples can be found online (and there are some on this forum) but the application needs to be set out to reflect the particular circumstances of the case - mostly relationship based. If you need a specific layout post your details on the forum.

There are some recent posts on MSE about dative applications and you might wish to reach out to the posters for their experience.

There is the potential for a ‘bond of caution’ to be necessary with the Confirmation and if the estate is over £250,000 potential compulsory solicitor use (unless the executor is a surviving spouse or civil partner and the prior rights or civil partner rights exhaust the estate.) At the other end of the scale, if the estate is under £36,000, the sheriff clerk will process the whole application for the executor.

Docquetting is normally associated with the documents associated with Confirmation. Lots of discussion on this site about Confirmation including Grant of Confirmation.