Please help with dative petition

cozyhomer

My mother died earlier this year i am the only person left in the family, She lived and died in Dundee and had no will the estate is around £50,500 the bank has already paid out for her funeral. can any guide me to create a dative petition please.

buddy9

Could you advise:

Are you son or daughter?

Did your mother have any other children or any grandchildren?

Was your mother widowed or divorced or not married?

cozyhomer

Hi buddy9 i am her daughter no other children just me and yes 3 grandchildren which are mine but there adults now, and mother is widowed.

buddy9

See example writ style below based on your circumstances. You will need to change the personal details to suit. Print writ on A4 paper. Lodge a copy with the sheriff court, along with evidence of identity and relationship. Court fee is £23. Still a paper system.

If you subsequently need a Grant of Confirmation then you will likely need a Bond of Caution. There are few Caution providers and most require compulsory solicitor involvement.

If eventually applying for Confirmation you will want to show the gross estate as no greater than £50k - below that there is no court fee.

If you need to provide evidence for release of bank funds you might achieve this only with evidence of appointment as executor. This has worked for others.

Reed_Richards

Is clause 4 really necessary? I have not seen this included in other examples. If it is necessary, what about section 6A(6)?

cozyhomer

Lodge a copy with the sheriff court, along with evidence of identity and relationship. Court fee is £23. Still a paper system.

I know this may sound daft but

1. How do i lodge a copy, do i just post it by recorded delivery. and what address do i send it too?.

2. evidence of identity and relationship does that include the death certificate as well. Also do i send the originals or photo copies?.

3. Court fee is £23. how do i pay that? postal order. or bank transaction and who to?.

4. And total amount is £50,422.

Like i said it sounds daft as i have never done this before and i need to get it right. and thank you for your help

buddy9

https://forums.moneysavingexpert.com/discussion/comment/82107311#Comment_82107311

If you read my reply to you dated 8 July 2026. you will indeed have seen reference to this.

Section 6A(6) Why?

buddy9

https://forums.moneysavingexpert.com/discussion/comment/82107328#Comment_82107328

Can I suggest that you phone the commissary staff at Dundee Sheriff Court and ask.

https://www.scotcourts.gov.uk/courts-and-tribunals/courts-tribunals-and-office-locations/find-us/dundee-sheriff-court-and-justice-of-the-peace-court/

cozyhomer

Hi buddy9 and Reed_Richards now i am confused? two different types of information?

buddy9

https://forums.moneysavingexpert.com/discussion/comment/82107385#Comment_82107385

Sorry but I do not understand your comment.

Reed_Richards

https://forums.moneysavingexpert.com/discussion/comment/82107377#Comment_82107377

Well if you fall under Section 6A(3) or Section 6A(6) then you would be refused the role of executor. Is that not correct?

@cozyhomer don't worry about the above; it's just a technical legal issue about which I was seeking clarification. But I hope you can get through to the Commissary staff at Dundee Sheriff Court; the ones at Edinburgh Sheriff court never answer the phone. If you live close to Dundee you can apply in person. You would need to provide the Death Certificate (which will be returned to you) and two forms of identification, one with your photo and one with your address. A passport and driver's licence would be good, if you have both. You don't have to pay anything until your writ is approved; then you will be invoiced.