How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10917
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

can you please provide me with template a

Customer Question

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

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Is the title to the flat in joint names and to the survivor?
Is there any other estate held in Scotland?
Did you both consider yourself to remain domiciled in ascotland although you lived in Hong Kong?
Customer: replied 2 years ago.

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.

Expert:  JGM replied 2 years ago.
Cases where people stay abroad and aren't necessarily domiciled there are more complicated and sometimes you have to get an Affidavit from a lawyer in the state the person died in to say that the law there allows the appointment of an executor in Scotland to wind up the person's estate in Scotland.
However, if that happens, there is no doubt that you would have to instruct a solicitor in Scotland to deal with this. In the meantime, hopefully the following will suffice:
​In Causa
​(name and address of wife) PURSUER

The Pursuer craves the court:-
To decern the Pursuer executrix dative qua wife of the deceased *** formerly residing at *** and to grant warrant to the Commissary Clerk to issue Confirmation in favour of the Pursuer as executrix dative of the deceased ***, a native of Scotland whose last address there was at *** and who latterly resided at ***.
signed, ​​PURSUER
1. The said *** died intestate at Hong Kong on ***. He had at the time of his death his ordinary or principal domicile in Scotland.
2. He was born in Scotland and was married there. He and his wife *** the Pursuer, resided together at *** and were domiciled in the Sheriffdom of *** in Scotland.
3. The deceased together with the Pursuer settled in Hong Kong in *** or thereabouts for reasons of work. It was their intention to return to Scotland when their children were older. They maintained a home in Scotland. The deceased and the Pursuer considered that they remained domiciled in Scotland notwithstanding that they lived and worked in Hong Kong.
4. The deceased maintained no bank or building society accounts nor held any other investments in Scotland or the United Kingdom as a whole. His estate in Scotland consists of a one half pro indiviso share of a dwelling house at *** which is owned jointly with the Pursuer.
5. The deceased did not execute any Will under Hong Kong jurisdiction nor under Scots law.
1. The Pursuer along with the children of herself and the deceased being entitled to the estate of the deceased in Scotland is entitled to be confirmed his executor.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10917
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

DearSir or Madam Respinse from Edinburh Sheriff Court

Customer: replied 2 years ago.

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


Expert:  JGM replied 2 years ago.
The answer was not inaccurate but if the clerk does not require application for a warrant for confirmation on this occasion you can use the standard simple style thus:
Initial Writ
The Pursuer craves the court:
To decern the Pursuer executor-dative qua relict of the deceased [ ].
1. The said [ ] died intestate at [ ] on [ ]. He had, at the time of his death, no fixed or known domicile at the time of his death except that the same was in Scotland.
2. The Pursuer is the widow of the said [ ]
The Pursuer, being the widow of the said [ ] is entitled to be decerned his executor-dative.
Customer: replied 2 years ago.

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?

Kind regards

Neringa Pritchard

Expert:  JGM replied 2 years ago.

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Anna's Avatar


    Teacher, writer, biologist

    Satisfied Customers:

    Great research skills, variety of work experiences, teaching experience.
  • pdheslin's Avatar



    Satisfied Customers:

    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • Kim D.'s Avatar

    Kim D.


    Satisfied Customers:

    Researcher 20+yrs in small and large institutions
  • findinganswers's Avatar


    Internet Researcher

    Satisfied Customers:

    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • ProMBA's Avatar


    Internet Researcher

    Satisfied Customers:

    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.