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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10649
Experience:  30 years as a practising solicitor.
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, My father passed away recently and he was a widower with

Customer Question

Hi,
My father passed away recently and he was a widower with two children, myself and my younger sister. He didn't leave a will but his idea was that I, as his oldest son, would wrap up his affairs and my sister is happy for me to do this. His estate is pretty simple in that he lived in a council house and left a couple of bank accounts and two shares certificates and the total value of this on the day of his death is about £36700 which qualifies it as a large estate. I understand that I first need to petition the Sheriff's Court to be appointed Executor Dative and I am wondering if there is a template I can use for this. My father lived in Irvine which is under Kilmarnock Sheriff Court.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am sorry for your loss.
The style of Petition you need is as follows:
SHERIFFDOM OF NORTH STRATHCLYDE AT KILMARNOCK
PETITION
Of
(Your name), (Your Address)
The petitioner craves the court to decern the petitioner Executor Dative qua Son of the deceased (dads name) of (dads address).
IN RESPECT WHEREOF
(Your signature)
(Your Name)
CONDESCENDENCE
1. (dad's name) died at (place of death) on (date). At the time of his death he was domiciled in the Sheriffdom of North Strathclyde in Scotland. He died intestate. He was a widower and unmarried at the time of his death.
2. The petitioner is the son and next of kin of the deceased and, along with a sister of the full blood, has right to his intestate estate.
PLEA IN LAW
The pursuer, being the son of the of the said deceased and being entitled to share in his intestate estate, is entitled to be decerned his Executor dative.
IN RESPECT WHEREOF
(Your signature)
(Your name)
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10649
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi,
Thanks for the very fast answer. Do i just send the template text with the correct details on normal plain paper addressed to the Kilmarnock Sheriff Clerk's office and do I need to provide a desth certificate and my birth certificate?
Expert:  JGM replied 1 year ago.
You send the Petition on plain paper with a duplicate copy and the court fee of £17. No need for any certificates. You will get a letter advising you when decree passes and at that stage you can apply for Confirmation assuming you have full details of the estate.
Customer: replied 1 year ago.
Thanks again for the very prompt reply.
I have details of his bank accounts plus the value of his shares on the date of his death, plus the state of his gas, electricity, telephone and council tax accounts (he wasn't insured) so I guess that is all there is to list on the form. I also understand that because the value of his estate is £36700, then I will need a bond of caution and the only insurance company who will provide this is Zurich.
Expert:  JGM replied 1 year ago.
There are other companies that provide bonds of caution but Zurich is one of the main ones.
My experience is that they may insist that the estate is wound up by a solicitor so check this with them first.
Customer: replied 1 year ago.

Hi again,

Just to confirm the order that I need to do things.

1. Firstly I need to petition the Sheriff Court to be appointed the executor-dative for the estate. I use your template as explained above.

2. Once I am appointed the executor-dative, I then obtain a Bond of Caution from an insurance company.

3. Once I have obtained the Bond of Caution, I must then apply for confirmation, and to do this I supply details of the estate along with the Bond of Caution.

4. Once I obtain the confrmation, I can then arrange to have the estate distributed according to the law, that is 50/50 between myself and my sister.

Is this the correct order of things?

Expert:  JGM replied 1 year ago.
That is exactly right, yes.
Expert:  JGM replied 10 months ago.
Please leave a positive rating so that I am credited for my time.

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