Executor-dative Application Scottish Borders Sheriff Courts

TAT118

Hi Community, 

Looking for some advice from this forum. I have read lots of useful information on here and plan to post an update to help others once iv completed my journey with this rather frustrating process!

Question is.....

Where can i find, or reference a template to apply for Executor-dative for my Mother? I was expecting to find a standard form on the sheriff courts website (if there is one im clearly not looking in the right area) to cmoplete and submit once reviewed expecting a court date where we could produce original documentation (marriage certificate, death certificate, proof of ID ext).

I lost my father last year and my mother reluctantly will be the Executor with my help/support but as there is no 'will' before we can submit the C1 form to the court we need to apply for an executor to be appointed.

We have sorted all of his assets as everything was straight forward (in our eyes) unfortunately a financial institution would not release funds from a pension without confirmation documentation and here we are!

My father was married to my mother, he did not leave a will, there is myself and my brother who are not contesting anything as we are a close family and want mum to be financially secure in retirement.

The estate is between 36k-350k so no issues with Inheritance tax hence why we have not bothered using a solicitor, i anticipated the process to be much simpler but nothing is these days!

The information they require is quite standard, it is more the language / style used when writing/applying to the court i am looking for.... From my research the book 'Currie on Confirmation of Executors (Edition 9) would be the go to reference for this however the book is £350 to buy and no local libraries stock such a book.

Any help or advise would be good here......


    

RAS

According to @buddy9 who helps a lot of people here with confirmation, there is no form for applying for executor dative. It depends on one the particular case.

However if the estate is intestate are you sure a bond of caution is not required? I think only one firm supports them in intestacy cases.

buddy9

There is an example here https://forums.moneysavingexpert.com/discussion/6581378/confirmation-in-scotland-time-limit/p2

But the make-up of the estate is important with regards to the need for a Bond of Caution (or not) to accompany the C1. 

The rules say that if the spouse’s prior rights exhaust the estate then no Bond of Caution is necessary. How is the estate made up?