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Hello can you please provide me with template a for an initial Writ to petition the Sheriff Court in Edinburgh for executor Dative? My British national husband aged 38, passed away in 10/02/2013 in Hong Kong. We lived in HK as expats and kept our main residence - flat in Scotland, Edinburgh, where we lived for 8 years before leaving for HK. He left no will. We have two children 6 and 8 years old. Living relatives are Myself (wife), his parents and his brother. Our family's wish is for me to act as executor Thank you Category: Scots Law
The title to the flat is in joint name, but his share does not pass to me upon his death automatically, but to the estate, as per legal advice I received earlier.
There is no other estate in scotland.
At the time of his death we both considered ourselves domiciled in scotland where we planned to go back once kids are a bit older. When he died, I moved to Lithuania where my mother lives to get help (I was born in Lithuania). We are both British citizens and were not permanent residents in HK.
DearSir or Madam
Dear Sir or Madam,
It looks that you have provided me with an inaccurate answer.
I have attached the response from Edinburgh Sheriff Court.
Can you please amend your reply based on the information attached.
Thank you for your reply.
Is your answer based on an example on page 479, A6-03 qua relict, Currie on Confirmation of Executors- 9th Edition?