W G EXECUTRY [2015] ScotSC 49 (26 June 2015)

Where an application for confirmation is presented by a solicitor on behalf of a client, a full gender recognition certificate and birth certificate are not ordinarily required; such certificates may be required only where the executor-nominate is unrepresented.

Citation: [2015] ScotSC 49
Parties: Applicant: W G, Executry
Jurisdiction: Scotland
Judgment Date: 26 June 2015
Procedural Posture: Application for Confirmation (probate) / Judicial Note/opinion on Evidentiary Requirements
Outcome: Application for confirmation to proceed without requiring production of a full gender recognition certificate and birth certificate when presented by solicitors.
Legal Topics: Confirmation of Executors, Gender Recognition Act 2004, Change of Name and Gender in Probate Proceedings, Evidentiary Requirements for Executors

Succession Law Probate Gender Recognition Confirmation of Executors Gender Recognition Act 2004 Change of Name and Gender in Probate Proceedings Evidentiary Requirements for 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 3 Authorities cited 3 Party arguments 2

Parties

W G, Executry

Applicant

Procedural Posture

Application for Confirmation (probate) / Judicial Note/opinion on Evidentiary Requirements

Legal Issues

1 Whether a full gender recognition certificate and birth certificate are required to support an application for confirmation by a trans executor-nominate when represented by solicitors

Ratio Decidendi

Court Disposition

Application for confirmation to proceed without requiring production of a full gender recognition certificate and birth certificate when presented by solicitors.

Orders

Application for confirmation processed without requiring gender recognition certificate and birth certificate.