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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10087
Experience:  30 years as a practising solicitor.
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Thank you. I have read yourresponse and should make you

Customer Question

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?
Edit
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 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
Customer: replied 2 years ago.

Hi,Is this correct

 

SHERIFFDOM OF GLASGOW AND STRATHKELVIN AT GLASGOW

INITIAL WRIT

In causa

Miss Marie XXXXX

XXXXXXXXXXXXXXXXX

Edinburgh

XXXXXX
PURSUER

The Pursuer craves the Court:-

To decern the Pursuer executrix dative qua daughter of the full blood to the deceased Mr Anthony XXXXX formerly residing at XXXXXXX XXXXX XX XXXXXXXX XXXXXX XXX XXX

 


PURSUER


CONDESCENDENCE

1. The said Anthony XXXXX died intestate at Glasgow on the 19th of January2014. 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 Anthony XXXX died unmarried and without a civil partner.

3. The Pursuer is the daughter of the deceased and accordingly she, along with Mrs Helen XXXXX widow of the deceased and Patricia XXXXX ,Maureen XXXXX,Karen XXXXX ,Michael XXXXX Tracey XXXXX and Anthony XXXXX has right to the intestate estate of the late Anthony XXXXX.The said Helen XXXXX, 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 Anthony XXXXX, is entitled to be decerned his executrix dative ​

​sign

 

Expert:  JGM replied 2 years ago.
Take out paragraph 3 and re number.

You have to refer to the others as "along with her brothers and sisters" in the last paragraph.

The plea in law should also refer to The Pursuer, along with the said..... and name the widow and siblings.
Customer: replied 2 years ago.

SHERIFFDOM OF GLASGOW AND STRATHKELVIN AT GLASGOW

INITIAL WRIT

In causa

Miss Marie XXXXX

XX XXXXXXX XXXX Road

Edinburgh

XXXX XXX
PURSUER

The Pursuer craves the Court:-

To decern the Pursuer executrix dative qua daughter of the full blood to the deceased Mr Anthony XXXX formerly residing at XXXXXXXXX Court XX XXXXXXXcourt Glasgow XXX XXX

 


PURSUER


CONDESCENDENCE

1. The said Anthony XXXXX died intestate at Glasgow on the 19th of January2014. 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 Anthony XXXXX died unmarried and without a civil partner.

3. The Pursuer is the daughter of the deceased and accordingly she, along with Mrs Helen XXXXX widow of the deceased and Patricia XXXXX,Maureen XXXX,Karen XXXXX,Michael XXXXX Tracey lXXXXX and Anthony XXXX has right to the intestate estate of the late Anthony XXXXX The said Helen XXXXX , 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 Anthony XXXXX, is entitled to be decerned his executrix dative ​

​sign

 

Expert:  JGM replied 2 years ago.
Delete para 2 and re number.

You have to refer to "along with her siblings and the widow of the deceased" as being entitled to the intestate estate.

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