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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor.
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My Wife's Mother passed away recently without leaving a Wil

Customer Question

My Wife’s Mother passed away recently without leaving a Will. There is a house to sell so we will need to go through the full Confirmation process, the first step of which we understand is applying to the Court to have my Wife, who is the Next-of-Kin, appointed Executrix Dative. The situation is:
Mother died in Musselburgh, East Lothian. She was a widow, and had two children, my wife “S”, and younger daughter “W” who passed away in 2012. There are four Grandchildren, two to my wife “S” and myself, and two (“D” and “K”) to “W”. The Estate will therefore split 50% to “S”, 25% to “D”, and 25% to “K”.
We therefore need a style of Initial Writ to apply for grant of Executrix Dative in Scotland. Can you help?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
This should do: SHERIFFDOM OF LOTHIAN & BORDERSAT EDINBURGH INITIAL WRIT In causa S, residing at [name of daughter]​​​​​​​​​​​Pursuer The Pursuer craves the Court:- To decern the Pursuer executrix dative qua daughter to the deceased [full name] whoformerly resided at [address], Musselburgh ​​​​​​​​​​​​​​​​​​​​​​[SIGNATURE][ADDRESS]PURSUER CONDESCENDENCE 1. The said [name] died intestate at Musselburgh on [date]. She had at the time of her death her ordinary or principal domicile in the Sheriffdom of Lothian & Borders in Scotland. 2. The said [name] was predeceased by her husband and did not subsequently remarry or enter into a Civil Partnership. 3. The Pursuer is the daughter of the said [name] and along with the issue of her predeceasing sister has right to the intestate estate. PLEA IN LAW The Pursuer, having right to share the intestate estate of the said [name], is entitled to be decerned her Executrix Dative. [SIGNATURE][ADDRESS]PURSUER