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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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my father died recently leaving no will. he has two bank accounts

Customer Question

my father died recently leaving no will. he has two bank accounts and i have been informed that i must apply to be appointed as executor?looking for information re this as do not wih to employ solicitor if at all possible.
I have been ref to curries 9th edition to enable me to petition the court and am looking for an example to allow me to do this.
The court will be glasgo ans i am female
hope you Can help
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You use the following style of Petition and lodge this with the court along with a fee of £16 made payable to Scottish Court Service. The fee goes up to £17 on 1 April.

The court will process the Petition and write to you advising of the date that decree will pass.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.


SHERIFFDOM OF GLASGOW AND STRATHKELVIN AT GLASGOW

INITIAL WRIT

In causa

[YOUR NAME AND ADDRESS]
​ PURSUER

The Pursuer craves the Court:-

To decern the Pursuer executrix dative qua daughter of the full blood to the deceased [ ] formerly residing at [ ]​sign
PURSUER

CONDESCENDENCE

1. The said [ ] died intestate at Glasgow on the [ ]. He had at the time of his death his ordinary or principal domicile in the Sheriffdom of Glasgow and Strathkelvin in Scotland.

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

3. The Pursuer is the daughter of the deceased and accordingly she, along with [name any siblings], has right to the intestate estate of the late [ ].


PLEA IN LAW

The pursuer having a right to the intestate estate of the said [ ], is entitled to be decerned his executrix dative ​

​sign
PURSUER
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you.


I have read yourresponse and should make you aware that my mother and father, althugh seperated forat least30 years, were not divorced at the timeof his death.However my mother is 83 and has suffered several strokes and evidences memory loss and is not in a position to proceed with this As his daughter do i ammend the writ?.Can you advise?

Expert:  JGM replied 3 years ago.
Yes you have to declare that his wife survived him and narrate the reasons why she can't be executrix dative. You are still entitled to be appointed but you will have to say that you are, along with her and any siblings, entitled to his intestate estate. She is entitled to prior rights and legal rights, notwithstanding the separation, and that will exhaust the estate if it is a small estate not requiring Confirmation.
Customer: replied 3 years ago.

thank you again,


however could ypu please advise again on what this writ should look like to present to the court considering the above infomation


mny thanks


marie

Expert:  JGM replied 3 years ago.
SHERIFFDOM OF GLASGOW AND STRATHKELVIN AT GLASGOW

INITIAL WRIT

In causa

[YOUR NAME AND ADDRESS]
​ PURSUER

The Pursuer craves the Court:-

To decern the Pursuer executrix dative qua daughter of the full blood to the deceased [ ] formerly residing at [ ]​sign
PURSUER

CONDESCENDENCE

1. The said [ ] died intestate at Glasgow on the [ ]. He had at the time of his death his ordinary or principal domicile in the Sheriffdom of Glasgow and Strathkelvin in Scotland.

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

3. The Pursuer is the daughter of the deceased and accordingly she, along with [ ] widow of the deceased and [name any siblings], has right to the intestate estate of the late [ ]. The said [ ], widow of the deceased, is unable to take up appointment of executrix owing to old age, infirmity and ill health, having suffered a number of strokes and memory loss.


PLEA IN LAW

The pursuer having a right to the intestate estate of the said [ ], is entitled to be decerned his executrix dative ​

​sign
PURSUER