PETITION OF JAMES COBB AND ANDREW GEMMELL FOR DIRECTIONS IN RESPECT OF THE ESTATE OF THE LATE ROBERT POLLOCK CRAWFORD [2023] ScotCS CSIH_38 (03 November 2023)

PETITION OF JAMES COBB AND ANDREW GEMMELL FOR DIRECTIONS IN RESPECT OF THE ESTATE OF THE LATE ROBERT POLLOCK CRAWFORD [2023] ScotCS CSIH_38 (03 November 2023)

Unconfirmed executors nominate lack the fiduciary capacity to seek directions from the court; confirmation is a necessary precondition. The questions raised concern the rights of parties in the estate and require adversarial procedure, not a petition for directions.

Citation
[2023] ScotCS CSIH_38
Parties
Petitioner: James Cobb; Petitioner: Andrew Gemmell
Jurisdiction
Scotland
Judgment Date
03 November 2023
Procedural Posture
Petition for Directions / Preliminary Motion for Orders; Determination of Competency
Outcome
Petition refused as incompetent and unnecessary.
Legal Topics
Executors Nominate, Testamentary Writings, Competency of Petition for Directions, Confirmation of Executors
Succession Law Trusts and Estates Executors Nominate Testamentary Writings Competency of Petition for Directions Confirmation of Executors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

James Cobb

Petitioner

Andrew Gemmell

Petitioner

Procedural Posture

Petition for Directions / Preliminary Motion for Orders; Determination of Competency

Legal Issues

  1. 1 Whether unconfirmed executors nominate have title to seek directions from the court
  2. 2 Whether the questions raised fall within the scope of petition for directions procedure

Ratio Decidendi

Unconfirmed executors nominate lack the fiduciary capacity to seek directions from the court; confirmation is a necessary precondition. The questions raised concern the rights of parties in the estate and require adversarial procedure, not a petition for directions.

Court Disposition

Petition refused as incompetent and unnecessary.

Orders

  • Motion for first orders refused.
  • Petitioners entitled to expenses of the petition out of the deceased's estate.