Executor-dative scotland

Loobyloo25

@buddy9 thanks now on to obtaining bond o caution - thanks for your help

Loobyloo25

is it only lawsure who provide bond of caution without solicitor

buddy9

It is the only one I am aware of.

Loobyloo25

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

buddy9

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

@buddy9 please see letter received from court

buddy9

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

@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

The normal process is to lodge the bond of caution along with the C1 and the court retains the bond.

Loobyloo25

@buddy9 Thanks again