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JGM
JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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Hello, My wife died recently without a will, and I am seeking

Resolved Question:

Hello,

My wife died recently without a will, and I am seeking to be appointed Executor and then to apply for confirmation. Please could you tell me if the following form is correct for the petition to be Executor Dative? I have put dummy names and addresses in this. And also, what would be the process after posting the letter to the court? Or should I hand deliver ? Lastly, would I need to attend court in person or would the petition be granted and returned by post ?

Many thanks.

The Sheriffdom of Lothian and Borders at Haddington

Petition

of

John Doe Bloggs
Dunromin XXXXX
South Longniddry
EH12 34A

The petitioner craves the court to decern the petitioner Executrix Dative qua Husband of the deceased Jane Doe Bloggs of Dunromin,XXXXX South Longniddry, EH12 34A.

In respect whereof

(my signature)

John Doe Bloggs

Condescendence

1. Jane Doe Bloggs died at Big Hospital, Edinburgh on 11th Month 2013. At the time of her death she was domiciled in the Sheriffdom of Lothian and Borders in Scotland. She died intestate.

2. The petitioner is the husband and next of kin of the deceased and has right to her intestate estate

Plea in law

The pursuer, being the husband of the of the said deceased and being entitled to her intestate estate, is entitled to be decerned her Executor dative.

In respect whereof

(my signature)

John Doe Bloggs
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

That is all correct other than you are male so your crave should use the word "executor", not "executrix".

You can send the letter to the court with a cheque made may able to Scottish Courts Service for £16.00. The Petition will be granted and the order of court sent back to you.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7250
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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