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Executor-dative scotland

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  • Loobyloo25
    Loobyloo25 Posts: 13
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    @buddy9 thanks now on to obtaining bond o caution - thanks for your help

  • Loobyloo25
    Loobyloo25 Posts: 13
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    is it only lawsure who provide bond of caution without solicitor

  • buddy9
    buddy9 Posts: 1,141
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    It is the only one I am aware of.

  • Loobyloo25
    Loobyloo25 Posts: 13
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    @buddy9I have to amend page 2 paragraph 3 of the C1 now that I have a bond of caution would the following suffice?

    image.png
  • buddy9
    buddy9 Posts: 1,141
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    Have you been asked to do this? It doesn't look appropriate.

    Where there is a single executor, the large box in para 3 needs to be left blank. (The words ‘along with the said’ can be deleted).

    If you have been appointed executrix then ‘executrix’ should be selected in the second line.

  • Loobyloo25
    Loobyloo25 Posts: 13
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    @buddy9 please see letter received from court

    image.png
  • buddy9
    buddy9 Posts: 1,141
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    I think you have a letter from someone who is ‘challenged’.

    £50,000 is not the threshold for a large estate.

    A bond of caution is only referenced in the para 2 declaration in those intestate cases where a bond of caution is not required.
    There are no examples in either Currie on Confirmation of Executors or internal SCTS guidance which includes a reference to a docquetted bond of caution.

  • Loobyloo25
    Loobyloo25 Posts: 13
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    edited 20 May at 2:22PM

    @buddy9 - I should delete the wording then and just show them the paperwork to prove I have a bond of caution to the sheriff court? The letter is from the sheriff clerk

  • buddy9
    buddy9 Posts: 1,141
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    The normal process is to lodge the bond of caution along with the C1 and the court retains the bond.

  • Loobyloo25
    Loobyloo25 Posts: 13
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    @buddy9 Thanks again

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