RE - K.F.C., EXECUTRY [2015] ScotSC 29 (01 April 2015)

RE - K.F.C., EXECUTRY [2015] ScotSC 29 (01 April 2015)

It is not competent for an executor-nominate, whether an individual or a company, to appoint an attorney to sign the application for confirmation, except in the statutory exception of an executor residing abroad. The fiduciary duties of an executor are personal and must be accepted and executed by the executor, not delegated via power of attorney.

Citation
[2015] ScotSC 29
Parties
Deceased: K F C; Executor Nominate: The Royal Bank of Scotland Plc; Executor Nominate: K F C's wife
Jurisdiction
Scotland
Judgment Date
01 April 2015
Procedural Posture
Application for Confirmation (probate) / Judgment on Application for Confirmation
Outcome
application for confirmation refused
Legal Topics
Executor Powers, Power of Attorney, Corporate Executors, Confirmation Process
Succession Law Probate Trusts and Estates Executor Powers Power of Attorney Corporate Executors Confirmation Process

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Parties

K F C

Deceased

The Royal Bank of Scotland Plc

Executor Nominate

K F C's wife

Executor Nominate

Procedural Posture

Application for Confirmation (probate) / Judgment on Application for Confirmation

Legal Issues

  1. 1 Is it competent for a corporate executor-nominate to appoint an attorney to sign the application for confirmation?
  2. 2 Does the law permit an executor-nominate, whether individual or corporate, to delegate fiduciary duties via power of attorney except in the case of residence abroad?

Ratio Decidendi

It is not competent for an executor-nominate, whether an individual or a company, to appoint an attorney to sign the application for confirmation, except in the statutory exception of an executor residing abroad. The fiduciary duties of an executor are personal and must be accepted and executed by the executor, not delegated via power of attorney.

Court Disposition

application for confirmation refused

Orders

  • Authority to issue confirmation refused; warrant to sheriff clerk to issue confirmation not granted.