Executor-dative scotland

Loobyloo25

I have completed a template to petition the court for executor-dative my mum passed away with no will and estate is above £36k.any advice on how I have completed the template

buddy9

The format needs some changes. Firstly can you advise:

Was your mother married, unmarried, widowed or divorced?

Do you have any siblings - or are there children of predeceased siblings?

Being appointed executor dative might not in itself allow administration of the estate. A further stage is a Grant of Confirmation. Do you know whether a grant of Confirmation will also be necessary? 

If Confirmation is necessary, then in the circumstances stated there will potentially be the need for a Bond of Caution (pronounced ‘kayshun’)

Loobyloo25

My mother was widowed. I have two siblings.

I have been told to petition the court to be executor dative as there was no will and my mum was widowed so no surviving spouse.

Once this is granted I then need to complete a C1 confirmation form and will possibly require a bond o caution

Loobyloo25

@buddy9 Just want to ensure I have the correct wording for the writ /petition to court as this is my second arrempt. The first attempt listed the contents of the estate and other potential heirs where I mentioned my 2 silblings and their addresses - maybe I should not have removed this info

I have already completed the C1 form the sheriff clerk has infomed me that it is mostly correct apart from one paragraph which is the declaration number 2 - that I am - "Linda Forrester daughter of XXXX, declare that I am the executor-dative of the deceased who died intestate" - I think I have to use the word "qua"

buddy9

When you get to that stage, there are few Bond of Caution providers, some will only deal with a solicitor.

See example petition style based on your circumstances. You obviously need to change the personal details to suit.

Lodge a copy with the sheriff clerk, along with evidence of identity and relationship etc. Court fee is £22 (£23 from 1 April). Still a paper system.

Loobyloo25

@buddy9 Thanks so much - I will lodge this template and will then sort the C1 form. I think Lawsure will take on the bond of caution without a solicitor as the estate is under £250k

buddy9

https://forums.moneysavingexpert.com/discussion/comment/81911537#Comment_81911537

C1. The wording for para 2 will take a form as below. But use the exact wording from the decree (once issued).

2. That I am 
the executrix-dative qua daughter of the deceased conform to decree granted by the sheriff of North Strathclyde at Dumbarton on the [   date   ].

Loobyloo25

Thank you - I will let you know how I get on

Loobyloo25

@buddy9 paid my £22 so assume the petition will go through. Thanks again.

now need to fix the declaration paragraph 2 I have been told by he court to use the word qua?? I have the following

That I am XXXX XXXXX qua daughter of XXXXX XXXX XXXX, declare that I am thee executor-dative of the deceased, who died intestate, decerned as such by Dumbarton Sheriff Court on XX/XX/XXXX

would this be correct?

buddy9

see my post above.

Loobyloo25

buddy9 Thanks must have missed that