SCHEDULE (D.) U.K.
Modifications etc. (not altering text)
C1Sch. (D.) amended by Executors (Scotland) Act 1900 (c. 55), s. 5
C2Forms prescribed by S.I. 1967/789 are to be used by Sheriff Clerks and may be used with modifications by Commissary Clerk of Edinburgh in lieu of form prescribed by Sch. (D.)
Form of a Testament Dative or Confirmation of the Executor of a Person who has died without naming one.U.K.
I, A.B., commissary of the county of [specify county], considering that by my decree, dated [specify date], I decerned C.D. executor dative qua next of kin [or other character, as the case may be,] of the late E.F., who died at [specify place], on [specify date], and seeing that the said C.D. has since given up on [F1declaration] an inventory of the personal estate and effects of the said E.F. at the time of his death situated in Scotland, [orsituated in Scotland and England, orin Scotland and Ireland, orin Scotland, England, and Ireland, as the case may be,] amounting in value to pounds, which inventory has been recorded in my court books, of date [specify date], and that he has likewise found caution for his acts and intromissions as executor: Therefore I, in Her Majesty’s name and authority, make, constitute, ordain, and confirm the said C.D. executor dative qua [specify character] to the defunct, with full power to him to uplift, receive, administer, and dispose of the said personal estate and effects, and grant discharges thereof, if needful to pursue therefor, and generally every other thing concerning the same to do that to the office of executor dative qua [specify character] is known to belong; providing always, that he shall render just count and reckoning for his intromissions therewith when and where the same shall be legally required.
Textual Amendments
F1Word substituted (1.3.1997) by Law Reform (Miscellaneous Provisions)(Scotland) Act 1990 (c. 40, SIF 76:2), s. 74(1), Sch. 8 para. 22(2); S.I. 1996/2894, art. 3, Sch. (as amended by S.I. 1996/2966, art. 2)
Given under the seal of office of the commissariot [specify county],
and signed by the clerk of court at [specify place], the [specify date].
To be signed by the commissary clerk or his depute, and sealed with the
seal of office.