PETITION FOR APPOINTMENT OF EXECUTOR DATIVE BY DENNIS MURRAY [2012] ScotSC 45 (11 April 2012)

PETITION FOR APPOINTMENT OF EXECUTOR DATIVE BY DENNIS MURRAY [2012] ScotSC 45 (11 April 2012)

Section 9(4) does not grant an exclusive right to the surviving spouse to be appointed executor dative; others may be appointed in appropriate circumstances.

Citation
[2012] ScotSC 45
Parties
Petitioner: Dennis Murray; Deceased: Ronald Murray (deceased); Widow: Doris Murray
Jurisdiction
Scotland
Judgment Date
11 April 2012
Procedural Posture
Petition for Appointment of Executor Dative / Judgment on Petition
Outcome
Petition granted
Legal Topics
Appointment of Executor Dative, Prior Rights of Surviving Spouse, Intestate Succession
Succession Law Family Law Appointment of Executor Dative Prior Rights of Surviving Spouse Intestate Succession

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Parties

Dennis Murray

Petitioner

Ronald Murray (deceased)

Deceased

Doris Murray

Widow

Procedural Posture

Petition for Appointment of Executor Dative / Judgment on Petition

Legal Issues

  1. 1 Whether a person other than the surviving spouse may be appointed executor dative when the spouse's prior rights exhaust the estate
  2. 2 Interpretation of section 9(4) of the Succession (Scotland) Act 1964

Ratio Decidendi

Section 9(4) does not grant an exclusive right to the surviving spouse to be appointed executor dative; others may be appointed in appropriate circumstances.

Court Disposition

Petition granted

Orders

  • Dennis Murray appointed executor dative qua son and next of kin of Ronald Murray