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RJM Law, Lawyer
Category: Scots Law
Satisfied Customers: 4308
Experience:  LL.B (Hons)
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I am not sure i am on the right page, but i am looking for

Customer Question

JA: Hi. How can I help?
Customer: Hi, i am not sure i am on the right page, but i am looking for advice on how to write a letter to a scottish court to become an executor of my recently deceased mother, who did not leave a will.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in the Uk. I have taken legal advice over the phone.
JA: What steps have you taken so far?
Customer: I have spoken to the sherriff (or assistant) at the relevant court
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: And been told i must petition them to be an executor
Submitted: 12 days ago.
Category: Scots Law
Customer: replied 12 days ago.
I am the next of kin, one of 4 children. There is no other claim to mum’s estate. I have read that my petition needs to be in the correct style to be considered, but as i am the next of kin, it should be a matter of course. My mum died in Scotland, leaving an estate value of £200k. I now live in England, where I’m told probate is much easier than confirmation. I am annoyed that the Scottish legal system is so dated and rigged towards forcing me to appoint a solicitor just to send a letter to be legally appointed as next of kin! Then i have to purchase a bond of caution- I’m told no option on that, but that most providers will only deal with me if i am a law firm. I would like to represent myself, and have read online various things and also found a copy of Currie and Confirmations, which the Clerk said I should use to petition the court.So i guess, at this stage I am looking for help on the style of letter i should submit, so that it doesn’t get rejected. I wondered if there was a set template you could provide me with?Steve
Customer: replied 12 days ago.
Based on reading previous threads and reading online, this letter is the best I can come up with. My mum left 4 children and one sister and lived in the glasgow and strathkelvin sheriffdom:Sheriffdom of Glasgow & StrathkelvinINITIAL WRIT
MY FULL NAME AND ADDRESS ———Pursuer. The above-named pursuer craves the court-
To decern the pursuer executor-dative qua son of the full blood to the deceased MOTHER’S FULL NAME.CONDESCENDENCE
1.The said D died intestate at NAME AND ADDRESS OF HOSPITAL AND DATE OF DEATH. She had, at the time of her death, no fixed or known domicile except that the same was in Scotland.
2.The said D died unmarried; and without entering into a civil partnership.
3.The said D was not survived by issue, however remote, or by her father but was survived by her four children. The pursuer is a son of the full blood of the said D and, accordingly, he and descendants of a predeceasing son of the full blood, has right to a one quarter share of the intestate estate of the said D.PLEA IN LAW
The pursuer, having right to a one quarter share of the intestate estate of the said D, is entitled to be decerned her executor-dative.IN RESPECT WHEREOFSignature
My Name
My Address
Expert:  RJM Law replied 12 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you by the end of the evening.

I will be able to provide you with guidance in relation to your question which should assist ifi in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.

Customer: replied 12 days ago.
Many thanks. I look forward to hearing from you. Hopefully i have provides you with enough information to answer my query.
Expert:  RJM Law replied 12 days ago.

Thank you I'm just looking this over for you just now.

Expert:  RJM Law replied 12 days ago.

Thank you for the question.    We unfortunately do not provide representation, however as the deceased resided in Scotland it will require to be a Confirmation.  The Confirmation form is Form C1, the application for executorship would be made to the Sheriff Court.  Being next of kid (while relevant in your case) does not actually have any legal weight.  However I would advise having a solicitor do the applicant for the executorship on your behalf, they will need to assess the merits of your claim (but this should not be an issue) and the correct process and legal reasons for application must be applied.  The fee for this confirmation will be £266. 

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (Scotland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 12 days ago.
Thank you for your reply. However, my query was for advice on how to proceed without representation. I read from previous threads that Just Answer has advised people in these instances. I know already all of the information you replied with. Is there someone able to answer my detailed query re the petition to the Sheriffdom?
Expert:  RJM Law replied 12 days ago.

The information you have above is correct.   The initial writ for is form G1 for the sheriff court and this needs to be sent by email and you will need to pay the £137 fee for this.   The Craves are what you are asking the court to do.  Executor dative means an executor after death.  Condescendence is the facts fo the matter (which you have highlighted) Pleas in law are the legal applicant you are asking for.  You don't need to worry about legal jargon, so long as the document is clear and concise.

Customer: replied 12 days ago.
Thanks. So are you saying that I have correctly set out my claim as a son of the deceased? Also I read that a fee needs attached to the petition, so how can I do this via email? And where do i source form G1?
Customer: replied 12 days ago.
The Sheriffs court are not allowed to advise me on anything, which is very annoying.
Customer: replied 12 days ago.
They also told me the fee was £19.
Expert:  RJM Law replied 12 days ago.

Yes its would be given the "value" of the claim.   Here is a copy of the form for you.  The sheriff court cannot give you advice that is correct, however if there is an issue with the application the court will let you know.

Customer: replied 12 days ago.
from what you have read, do you forsee an issue with my application?
Customer: replied 9 days ago.
Can you also tell me please, if I am appointed an executor, can I proceed without a bond of caution. I know it’s purpose and it’s wise to have one, i know it’s recommended practice and how it safeguards me from liability- however is it illegal NOT to have one? Or will the Scottish courts ask to see evidence of one as i submit the C1 form?
Expert:  RJM Law replied 9 days ago.

You should get the bond of caution prior to intimating confirmation.

Customer: replied 9 days ago.
Thank you. Yes I understand that is when it should be purchased. However my question was is it illegal NOT to have one?
Expert:  RJM Law replied 9 days ago.

No. it is not an offence,  but this should be donee prior to the confirmation.

Customer: replied 9 days ago.
Expert:  RJM Law replied 9 days ago.

You are welcome and I wish you all the best.