Rules of inheritance Scotland in the absence of a will

[Aggiehaggie]

I was wondering if anyone could advise regarding obtaining an executor dative in Scotland of my deceased aunts estate in the absence of a will ?

My estranged aunt died and was cremated last year in Scotland, she died in a nursing home and has two living siblings. My dead father was also her brother, my question relates to the rules of succession of her estate but first some information about the circumstances.


As a child, I have fond memories of my aunt, my late father was close to her and was in regular contact, at the time, she lived and worked in London. As a teenager, my aunt “ghosted” the entire family including her brothers and sisters and father who she was in contact with. I recall that (late 80’s) my Dad and Grandfather ( her brother and father) contacted the police and went searching for her (in London ) (some 7 hours drive, we live in wales ) as we had not heard from her in over 8 months which was very strange and out of the blue and for no apparent reason.

Although I don’t specifically recall the exact details, the London police did a welfare check and relayed that she had been located and was alive but they stated that as such, it was up to her as to whether she wanted to be found. For years and years we heard nothing from her until her solicitor advised us of her death last year in Scotland with her estate having no will. I have been in contact with her solicitor who advised that that I need to apply to the sheriff court in Scotland for a executor dative Petition so I could potentially be her executor pending the court ruling (which I haven’t yet petitioned) . Her solicitor then advised me that they could not release any details about her estate without a death certificate and I’d and proof of relationship to my aunt. I am trying to blindly assess if becoming an executor is something I wish to take on. I just find it incredibly sad that my aunts and uncle are seemingly disinterested in settling her affairs. As I have no clue as to the how’s and responsibilities of such task, I have been advised to obtain legal advice hence the post. Thank you for keeping up this far! My question is what are the pros and considerations of such a task and should I be granted a release of her estate would I be legally bound to distribute her assets (unspecified amounts) between her living brother and sister (she declined the request of petitioning the court) and would/ could I be a potential beneficiary alongside my aunt and uncle or would assets only be devided between said living siblings. All I know is that she was cremated and her solicitor believes her ashes were scattered in the crematorium grounds. I have no clue if she has a headstone or plaque to mark the cremation, if not I’d potentially like to organise one. I personally believe she had mental health issues and this is the reason she decided on the estrangement. What would you advise I do thank you in advance!

[sederunt]

If aunt had no surviving spouse and no children, then her siblings and the children of deceased siblings would inherit her estate.

You have been advised regarding an executor dative petition therefore she must have been considered domiciled in Scotland.

You reference two living siblings and your dead father was also her brother. But you also reference (plural) her brothers and sisters.

Your aunt’s surviving brothers and sisters and the children of any predeceased sibling (you) have equal entitlement to be appointed executor dative to deal with the estate. Once appointed, an executor dative cannot resign.

If you have no knowledge of the estate then applying for appointment as executor is risky because the estate could be insolvent and be problematic to deal with.

Appointment as executor dative is straightforward and costs £20 in court fees if done yourself. However if you need a Grant of Confirmation to deal with the estate then the court will require a Bond of Caution, which comes at a cost relative to the estate and some Bond providers require the compulsory use of a solicitor.