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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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Scotland When an executor (only one) files an inventory, is

Resolved Question:

Scotland
When an executor (only one) files an inventory, is it checked for accuracy? If the executor files an incorrect inventory (they are sole beneficiary of a disputed will), is there any remedy?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Thanks for you question. The inventory itself is not checked by the court as the court doesn't have access to the information with which the inventory was made. An inaccuracy found after the grant of Confirmation can be remedied by a corrective inventory, known to the law of Scotland as an Eik to the Confirmation. Happy to discuss further. I hope that helps. Please leave a police rating so that I am credited for my time.

Customer: replied 1 year ago.
Sorry, but how can any inaccuracy be found? we can't ask for any correction if we don't know what the correct inventory should be
Expert:  JGM replied 1 year ago.

In short it can't unless, the beneficiaries suspect that there has been some kind of mistake or wrongdoing. The executor is responsible for the inventory and it is generally accepted unless there are grounds for it to be challenged in the court by way of an action of count, reckoning and payment.

Customer: replied 1 year ago.
we will challenge the execution of the will - and inventory, so it sonds like way for this is to make an action of count reckoning and payment?
Expert:  JGM replied 1 year ago.

Yes, that is the way forward. You will need a solicitor to draft this type of action as they are generally drafted as an Initial Writ under sheriff court Ordinary procedure.

Customer: replied 1 year ago.
thanks, ***** ***** is about count reckoning and payment. If it is found to be wrong, or that the executor did not or do not make things right, what would heppen?
Expert:  JGM replied 1 year ago.

The court would make such orders as to put things right financially by ordering the executor to pay out what the court considers is the right amount to the benficiaries. That is the "payment" part. The way the action works is that the court orders the executor to "account" for his intromissions, the court "reckons" what is the right calculation by looking at the evidence and orders "payment" on that basis.

Customer: replied 1 year ago.
thanks you, is the exectutor punshied?
Expert:  JGM replied 1 year ago.

No, although the court could find the executor personally liable in the expenses of the action rather than the estate there has been deliberate mismanagement.

Customer: replied 1 year ago.
if there are changed reckon on the invetory is there any interest due on sums corrected which beneficiaries did not receive right
Expert:  JGM replied 1 year ago.

Only insofar as the court thinks that interest should be applied. Interest would have to be craved in the action for count reckoning and payment. The lawyer drafting the application would work out what interest would be sought and say why in the context of the action.

JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks you