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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10899
Experience:  30 years as a practising solicitor.
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The two daughters of the late Mrs C intend to apply to the

Resolved Question:

The two daughters of the late Mrs C intend to apply to the court to be appointed her executors dative.
We have drafted the following Initial Writ.
Do you have any comments on the format?
What is the Sheriff Court fee for submitting the Initial Writ?
Thanks.
Submitted: 8 months ago.
Category: Scots Law
Customer: replied 8 months ago.
SHERIFFDOM OF TAYSIDE, CENTRAL AND FIFE
At Kirkcaldy
Petition of Mrs A and Mrs B (addresses).The petitioners crave the court to decern the petitioners Executors Dative qua daughters of the deceased Mrs C, who resided at (address).
[Signatures of A and B]CONDESCENDENCE
1. Mrs C died at (address) on [ ] November 2015. At the time of her death she was domiciled in the Sheriffdom of Tayside, Central and Fife in Scotland. She died intestate.
2. The deceased, Mrs C was predeceased by her husband D who died on ( ) July 1975. She did not re-marry.
3. The petitioners are the daughters and next of kin of the deceased and, there being no other children, have right to her intestate estate.
PLEA IN LAW
The pursuers, being the daughters and next of kin of the of the said deceased and being entitled to share her intestate estate, are entitled to be decerned her Executors dative.In respect whereof
[Signatures and date]
Expert:  JGM replied 8 months ago.

My only comments are 1. in paragraph 2 you should say that she did not remarry or enter into a civil partnership. 2. Delete reference to next of kin which is not recognised in Scots law. 3. You need IN RESPECT WHEREOF and a signature under the crave as well as after the plea in law. Other than that it looks fine. The court fee is £18 payable to the Scottish Courts and Tribunal Service. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10899
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 8 months ago.
Dear JGMMany thanks for your very prompt and helpful response.
Del

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