Executries

Question 1

Garnett’s Excr 2016

Answer 1

1. There is no power vested in the court to dispense with the obligation upon executors-dative to find caution
2. They have to insist upon the executor-dative lodging that caution
3. They don’t have any discretion
4. The Scottish ministers do have a power to change this under section 20 of the Succession (Scotland) Act 2016, but to this date they have not exercised that power

Question 2

Murray Ptnr 2012

Answer 2

1. Concerned a question about who could be appointed as executor-dative on the estate of a deceased gentleman who had died intestate
2. Ordinarily, the widow would have had the right to be appointed as the executor-dative under section 9(4) on the basis that her prior rights exhausted the estate
3. However, she was incapax
4. The child of the deceased was appointed