LOUISE JACQUELINE FORD AS OPPOSED BY YVONNE MAUREEN KILGOUR OR CAMPBELL [2015] ScotSC 28 (31 March 2015)

LOUISE JACQUELINE FORD AS OPPOSED BY YVONNE MAUREEN KILGOUR OR CAMPBELL [2015] ScotSC 28 (31 March 2015)

The court has no discretion to refuse appointment to those within the same category of relationship to the deceased; both daughters are entitled as of right to be appointed as executrices-dative. The court's function is administrative, not judicial, in such circumstances.

Citation
[2015] ScotSC 28
Parties
Original Petitioner: Louise Jacqueline Ford; Objector & Petitioner: Yvonne Maureen Kilgour or Campbell
Jurisdiction
Scotland
Judgment Date
31 March 2015
Procedural Posture
Commissary (appointment of Executrix Dative) / Hearing and Determination of Competing Petitions for Appointment as Executrix Dative
Outcome
Petitions granted; both petitioners appointed as executrices-dative qua daughters to the deceased.
Legal Topics
Appointment of Executors Dative, Judicial Discretion in Executor Appointments, Intestacy, Competing Petitions for Executorship
Succession Law Probate Appointment of Executors Dative Judicial Discretion in Executor Appointments Intestacy Competing Petitions for Executorship

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Parties

Louise Jacqueline Ford

Original Petitioner

Yvonne Maureen Kilgour or Campbell

Objector & Petitioner

Procedural Posture

Commissary (appointment of Executrix Dative) / Hearing and Determination of Competing Petitions for Appointment as Executrix Dative

Legal Issues

  1. 1 Does the court have discretion to choose between individuals of the same category of relationship (daughters) for appointment as executrix-dative?
  2. 2 If discretion exists, how should it be exercised?

Ratio Decidendi

The court has no discretion to refuse appointment to those within the same category of relationship to the deceased; both daughters are entitled as of right to be appointed as executrices-dative. The court's function is administrative, not judicial, in such circumstances.

Court Disposition

Petitions granted; both petitioners appointed as executrices-dative qua daughters to the deceased.

Orders

  • Both Louise Jacqueline Ford and Yvonne Maureen Kilgour or Campbell appointed as executrices-dative qua daughters to the deceased.