Do I have to apply to be appointed as Executor Dative for my husband's estate?

highlandmum_2

Hi

I am hoping someone can advise as I have had conflicting advice.

My husband died intestate. Do I have to petition the court to be appointed as Executor Dative or, because his estate will all come to me, do I just have to submit the C1?

RAS

For those living south of the border, this is a Scottish estate.

highlandmum_2, sorry for your loss. There's a lot of help here. Can you advise if the deceased owned property, and if there is a survivorship clause?

That may also impact on the value of your husband's estate, which may affect in turn who can be appointed executor dative.

highlandmum_2

Hi

Thanks for the reply.

We owned a joint property but no survivorship clause. The value of the property is low enough that I would be entitled to inherit it all.

buddy9

If you need to apply for Confirmation then the first stage is to apply to be appointed executor dative. Once appointed you can then apply for a Grant of Confirmation using C1 form.

If you inherit the whole estate by virtue of Prior Rights you will not need a Bond of Caution (pronounced ‘kayshun’).

If you inherit the whole estate you are the only person who can apply to be appointed executor.

You will need Confirmation if your husband had part ownership of your house but there was no special destination (survivorship) in the title.

I can advise on the layout of a petition for appointment of executor if needed.

highlandmum_2

Hi buddy9

Thank you so much.

I would be very grateful if you could advise me on the layout of a petition of appointment and for any other advice regarding submission you could give me.

buddy9

Print a writ on A4 paper and submit to the local court that deals with dative petitions relative to where your late husband resided. (location can be checked on SCTS website). Include id and death certificate
Example petition on screenshot below. You need to substitute the correct names, addresses. sheriffdom and court. I have assumed that you are female.The court fee is £23. Info from the writ will be displayed on the SCTS website for 9 days.

………………….

Looking forward to the C1 application, are you certain about house ownership? It is not uncommon for house ownership to be misunderstood, or to be incorrectly assumed. Are you familiar with the concept of ‘Prior Rights’ and is the estate within prior rights limits?

highlandmum_2

Hi buddy9

Thank you so much for that.

I checked the Registers of Scotland and the house ownership is shown as joint names but there is no survivorship clause (unfortunately).

The estate is within prior rights limits.

highlandmum_2

Hi

I just wanted to thank buddy9 for their help.

My application to be appointed-dative was approved.

I couldn't have done it without their guidance. Next step the C1 form (wish me luck)

Thanks again buddy9