Executor Creditor

[Bazman76]

Hi there,

There is a firm who are owed from money from my late fathers estate they are pushing for the appointment of an Executor Creditor. I'd just like to try and understand what that actually means. I found the following description.

https://www.lindsays.co.uk/news-and-...ceaseds-estate

"Appointment as Executor-Creditor


Where a person dies without a Will and there is no executor appointed by the court, it may be possible to apply to the court to be appointed as an ‘Executor-Creditor’. This is different to being appointed as executor as an executor-creditor is not responsible for administering the deceased’s estate as a normal executor would be required to do. Rather, an executor-creditor is given the authority to deal with specific assets which total the value of the sums due to them by the deceased. This is therefore a form of diligence as opposed to a means of administering and distributing a deceased’s entire estate."


As I understand it, nothing can be paid from the Estate until we have the Grant of Confirmation would the appointment of the Executor Creditor change that?
What does "deal with specific assets" mean?
Will they take ownership and/or receive the cash flows generated from those assets?

[sederunt]

A creditor can apply to be appointed executor creditor and if appointed, can then deal with aspects of the estate.

However an executor creditor can only be appointed if there is otherwise no executor confirmed. This doesn’t seem to be the case here given your reference to applying for a grant of confirmation.

[Bazman76]

Hi there,

Thanks for getting back to me so quickly!

Is it 100% certain that a Creditor Executor can only be appointed if there are no other Executor's, for clarity I am one of the Executors named on the Will but I have not been to court yet as I am in the process of applying for the Grant of Confirmation.

Is it sufficient for me to be named on the Will or do I need to go to Court with the Will to show that I am the Executor, in order to prevent the Executor Creditor being appointed?

Would like to know what would happen if the Creditor Executor were appointed would they then be able to cherry pick what the wanted from the estate?

[sederunt]

Once an executor has a Grant of Confirmation an executor creditor cannot be appointed.

To be appointed executor creditor requires first a petition to the court to be appointed executor. There is a requirement to place a notice in the Edinburgh Gazette and for a copy of this notice to be submitted with the petition. There also needs to be a copy inventory submitted with the petition.

Once appointed, an executor creditor then would submit form C1 for Confirmation, including a complete inventory, so far as is known, and confirm to as much of that estate as will satisfy the debt.

In a testate case, an executor creditor may be unsighted on the extent of the estate.

[Bazman76]

Thanks for your help.

There is a valid Will, is that what you mean by testable state?

Could you please explain what you meant by "copy inventory"?

Re the Edinburgh Gazette is the link below the correct one?

https://www.thegazette.co.uk/wills-and-probate

Notices | Wills and Probate | The Gazette... www.thegazette.co.uk

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I searched the will and probate notices and there is nothing for my father so it seems that his estate has not been confirmed.
Would the appointment of the Executor Creditor also appear on this list or should I be searching a different list in the Gazette?

Assuming that was the right list, is there anyway to see upcoming petitions, something like the Sheriff Court Rolls but ideally longer term, would they have to apply to the same court in the same Sheriffdom that my father died?

[sederunt]

That's the appropriate notices list (Edinburgh Gazette). Executor creditor applications would appear there. You will see within that applications for appointment as executor creditor are uncommon.

If there is a will and you are the nominated executor and you want to administer the estate then you would apply to the court for Confirmation using form C1. Form C1 contains an inventory of the estate.

An initial writ presented to the court for appointment as executor creditor is to the same court having jurisdiction over the place where the deceased last resided.

If done correctly, an initial writ by a prospective executor creditor should contain text, for example as below, and a copy of the writ should be sent to the stated relative. This does of course depend on the applicant having the information.

The said (deceased) was survived by EF (design), his/her nearest relative with a beneficial interest, who has declined (or delays) to expede confirmation to the estate of the said (deceased).