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Succession (Scotland) Act 2016

Estate Administration

Section 21 - Power of Ministers to make provision requiring conditions to be met before courts appoint persons as executors dative

60.Subsection (1) provides powers to Scottish Ministers to make Regulations so that courts are not to appoint executors dative unless particular conditions are met.

61.Subsection (2) sets out that these conditions might include the court being satisfied that the person is suitable for appointment; and that the court is to be provided with particular information about the person seeking appointment or about the estate.

62.Subsection (3) sets out that these Regulations may apply to all executor dative appointments or to appointments of persons of particular descriptions as executors-dative.

63.Subsection (4) sets out that the Regulations may set out factors or information which courts should have regard to in determining if the person is suitable for appointment; that the court should be satisfied that the individual is suitable if certain conditions are met; or to require the court to impose conditions which must be satisfied before a person is suitable for appointment.

64.Subsection (5) sets out that the Regulations may make different provision in relation to the appointment of different categories of person as executors dative.

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