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Executor Dative Petition

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  • #16

    Square brackets are removed. Names often shown in upper case.

    In addition to the obvious changes you also need to incorporate the following into the Condescendence.

    Line 2 needs to reflect your cousinís situation regarding marriage history and status, if different from shown - (there are 7 different style options in Currie).

    Line 3 should read as below (if accurate);

    The said [NAME OF COUSIN] was not survived by issue, however remote; nor by any brother or sister of the full blood or the half blood; nor by any descendant of any such brother or sister; nor by [his/her] father or mother; nor by any uncle or aunt of the full blood.

    Insert a line 4 (if accurate)

    The Pursuer is a cousin of the full blood of the said [NAME OF COUSIN], being a son of [NAME] who was a [brother/sister] of the full blood of [NAME] the [father/mother] of the said NAME OF COUSIN]. Accordingly, the Pursuer has right to the intestate estate of the said [NAME OF COUSIN].

    @TRIESHARD Some information about the circumstances would be useful. Who has advised you to submit a petition? Are you aware that an executor dative needs to administer the estate and cannot resign. Are you sure the estate is solvent?

    And you have avoided answering my question about Grant of Confirmation. This is important. If once appointed as executor dative, you discover that a fundholder requires you to submit a Grant of Confirmation, then you will require a bond of caution (insurance). There are few companies offering these and compulsory engagement of a solicitor might be a condition imposed by the insurance company. Using the small estate procedure (where applicable) avoids the need for a bond of caution. But once appointed by petition you will have missed the opportunity to use the small estate procedure.


    • #17
      Thank you, some background information:

      Im in my late 80s we 'heard' from a friend that my cousin (76yrs) had died, and that they had died a few months in May. While I was it close to them, I did wonder why I was not told of their death. However, time passed and I just assumed they had been buried and that was that.
      my daughter likes to do research Into our family tree/s she often comes across unclaimed estates while researching and she came across my late cousins details on the National Haeres Ultimus? Site as being investigated as an 'unclaimed estate'. There is no wealth on our family, quite the opposite actually so I can be confident it's a small estate, however I contacted NUHU and they said the funeral had been arranged by social services as they could not find any living relatives. However, there were papers and other documents that could be passed over to me but that I would need to be appointed the an executor dative in order to have these sent to me.

      The commisary unit at the sheriff court dorected me to curried book which i cannot afford to buy and as such i looked for help here.

      We did find some reference to Confirmation but the forms asked for an inventory of the deceased valuables etc, which I don't have and cannot access as I am not an executor.

      I was not fully aware if the responsibilities on being appointed executor dative however, In view of what you sayyoi think i may be better looking at the small estate proceedure?


      • #18
        Normally an estate with the Ultimus Haeres Unit indicates a solvent estate, but if it is still being investigated there might be some uncertainty. The prospect of receiving some papers and documents doesn't seem to be a great incentive.

        If you decide to go ahead it looks like a straightforward petition to the court for appointment as executor dative. The petition should be presented to the Sheriff Court in the district of the Sheriffdom that the cousin was domiciled in when they died and the heading of the petition should reflect this. The court fee for a petition is £19. You should submit a signed copy and two unsigned. Also need to incorporate the changes mentioned in previous post.


        • #19
          Thank you, the incentive is really family history as my aunts with whom my cousin lived never married and led very quiet lives. They passed away a long time ago but they did keep lots of photographs of family. Based on your advice I think I will also look again at the small estate's procedure.
          Thank you again I really appreciate your help with this


          • #20
            If I was looking to receive only family documents and photographs with no monetary value, I would try and convince the Ultimus Haeres Unit to part with them without going anywhere near a Court.


            • #21
              Thank you, I think I will ask them outright. If not i will ask if they would accept confirmation via the small estates procedure


              • #22
                sederunt, I've emailed NUHU and asked if they can release the documents without the need for any court petitions etc however, if they I sister on sight of an executor dative decree, can I just check it is that I need to sign the petition? Is it just before the Condescendence and again after the Plea in Law?


                • #23
                  The format that you have access to seems to be designed for two signatures as you suggest. However the Style Guide envisages only a single signature after the Plea-in Law.


                  • #24
                    Thank you


                    • #25
                      Well NUHU won't accept anything other than a executive dative decree so I'll need to submitted that to the courts today in order to get things moving as it takes about a month to grant.
                      Thanks again #SEDERUNT for all your help with this.


                      • #26
                        Apologies, for the errors predictive text is all new to me


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