Confirmation In Scotland - Time Limit?

Final25

We are in the process for my late Mother just now.  Should the Banks addresses be the registered addresses and not the local Branch addresses.  Also as two of her Banks have their Head Office in England, do these get listed under Moveable estate in England?

Also how fair/pedantic is Paisley Court in granting Confirmation.

Many thanks.

buddy9

If a branch based account then treat as moveable estate where the branch is located. If not branch based, use the registered office location.

Thumbs up for Paisley.

Final25

Thank you so much buddy9.  Very helpful.

TCA

I'm creating the executor dative petition on my mum's behalf using the excellent template supplied by @buddy9 in another thread. Image attached here for reference.

I just wanted to ask that given our situation as outlined in my opening post, whether there was anything additional that was required in the petition?

e.g. do I need to mention that prior rights will exhaust dad's estate? I saw this in another example elsewhere online.

Also I presume the petition should be dated somewhere?

Thanks


  

buddy9

The reference to prior rights is importantly included in the Confirmation declaration but is not included in the writ.

Instead of ‘qua husband’ insert ‘qua relict’

Instead of ‘husband’ insert ‘widow’.

Other changes as appropriate.

TCA

Thanks @buddy9. That's much appreciated.

Should the writ be dated in the top right at the address or perhaps at the signature?

I'm presuming executor-dative is ok to use and it doesn't have to be executrix-dative?

Lastly, my dad died at home, so do I just say "died intesate at home......" or do I include the full postal address?

buddy9

below signature.

executor executrix - either

place of death can be - town name, country.

TCA

Thanks again @buddy9. On the date thing I stumbled across the following link when searching for something else, where a solicitor says the dative petition shouldn't be dated. That would seem consistent with your example template. 

https://www.justanswer.co.uk/scottish-law/ftjpj-i-m-looking-template-apply-executor-dative.html

Just want to get this 100% correct. Any further thoughts? 
 

buddy9

best leave it undated then

TCA

Thanks. Do you think necessary to mention COMMISSARIOT of TAYSIDE CENTRAL AND FIFE as in the example in that link?