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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10652
Experience:  30 years as a practising solicitor.
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Hello can you please provide me with template a for an initial

Resolved Question:

Hello can you please provide me with template a for an initial Writ to petition the Sheriff Court in Aberdeen for executor Dative?
My sister 39 passed away last week and left no will
She has no spouse or children.
Living relatives are Myself (Brother) My father and my sister
My family's wish is for me to act as executor
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

I'm sorry for your loss. Here is the style you need:

"SHERIFFDOM OF GRAMPIAN HIGHLAND AND ISLANDS AT ABERDEEN

INITIAL WRIT

In causa

[YOUR NAME] residing at [YOUR ADDRESS]
​ PURSUER

The Pursuer craves the Court:

To decern the Pursuer executor dative qua brother of the full blood to the deceased [SISTER’S NAME] formerly residing at [SISTER’S ADDRESS]


​YOUR SIGNATURE


CONDESCENDENCE

1. The said [NAME OF SISTER] died intestate at Aberdeen on the [DAY] of February Two thousand and Fourteen. She had at the time of her death her ordinary or principal domicile in the Sheriffdom of Grampian Highland and Islands in Scotland.

2. The said [NAME OF SISTER] died unmarried and without a civil partner.

3. The said [NAME OF SISTER] was not survived by issue, however remote, and she was predeceased by her mother. The Pursuer is the brother of the full blood and accordingly he, along with a sister of the full blood and her father, has right to the intestate estate of the late [NAME OF SISTER]. Her father [NAME] does not wish to seek appointment as executor dative.


PLEA IN LAW

The pursuer having a right to a one third share in the intestate estate of the said [NAME OF SISTER] is entitled to be decerned her executor dative.

​YOUR SIGNATURE"



I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thank you so much for this!


May I confirm that I need to include a cheque to "Scottish Courts Service" for £16 along with this initial Writ?


 


 

Expert:  JGM replied 3 years ago.
Yes you do.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10652
Experience: 30 years as a practising solicitor.
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