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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12300
Experience:  30 years as a practising solicitor.
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Hello can you please provide me with template a for an initial

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Hello can you please provide me with template a for an initial Writ to petition the Sheriff Court in Aberdeen for executor Dative?
My sister 39 passed away last week and left no will
She has no spouse or children.
Living relatives are Myself (Brother) My father and my sister
My family's wish is for me to act as executor
Thank you for your question.

I'm sorry for your loss. Here is the style you need:



In causa

[YOUR NAME] residing at [YOUR ADDRESS]

The Pursuer craves the Court:

To decern the Pursuer executor dative qua brother of the full blood to the deceased [SISTER’S NAME] formerly residing at [SISTER’S ADDRESS]



1. The said [NAME OF SISTER] died intestate at Aberdeen on the [DAY] of February Two thousand and Fourteen. She had at the time of her death her ordinary or principal domicile in the Sheriffdom of Grampian Highland and Islands in Scotland.

2. The said [NAME OF SISTER] died unmarried and without a civil partner.

3. The said [NAME OF SISTER] was not survived by issue, however remote, and she was predeceased by her mother. The Pursuer is the brother of the full blood and accordingly he, along with a sister of the full blood and her father, has right to the intestate estate of the late [NAME OF SISTER]. Her father [NAME] does not wish to seek appointment as executor dative.


The pursuer having a right to a one third share in the intestate estate of the said [NAME OF SISTER] is entitled to be decerned her executor dative.


I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Thank you so much for this!

May I confirm that I need to include a cheque to "Scottish Courts Service" for £16 along with this initial Writ?



Yes you do.
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