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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10652
Experience:  30 years as a practising solicitor.
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I have been appointed Executor Dative of my mums estate. I

Resolved Question:

I have been appointed Executor Dative of my mums estate. I am trying to complete the confirmation form C1 and am struggling with the wording at 2. 'That I am' on the 'declaration by' page. I do have wording for entitlement to whole estate but I have a brother who is entitled to half the heritable estate (he is not a named executor) and not sure how to adjust to say half share each. Are you able to provide the appropriate wording. Thanks
Submitted: 8 months ago.
Category: Scots Law
Expert:  JGM replied 8 months ago.

If you have been appointed executrix dative then your brother is irrelevant in this box.

You should say, "that I am executrix dative qua daughter of the said (deceased) who died on (date) conform to decree of this court dated (date of decree)."

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

Customer: replied 8 months ago.
Thanks that has helped but I am looking at copy of a confirmation my mum had a solicitor do when my dad died It has further details as follows 'am entitled to the whole intestate estate of the said deceased in terms of Section 8 and 9(2) of the Succession (Scotland) Act 1964' I thought I would have to put similar in but saying myself and my brother are entitled to a half share which is the wording I was looking for. Thanks
Expert:  JGM replied 8 months ago.

I don't usually do that but you can put in "and I am entitled, along with a brother of the full blood, (name), to share the intestate estate of the said deceased."

Expert:  JGM replied 8 months ago.

The reason I don't put that in is that it should already been said in the application for your appointment as executrix dative but there's no harm in putting it in if you want to.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10652
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 8 months ago.
That's great thanks for your help.

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