Re Garnett, Executry

Succession law – Executry – Intestate estate – Requirement for executor to obtain caution. Sheriff Court: In a case in which the executor-dative of a large intestate estate (ie an estate over £36,000) requested the court to waive or reduce the requirement to obtain caution, the court held that nothing in the Succession (Scotland) Act 2016 changed the pre-existing law: the court retained discretion in relation to the level of caution but could not waive it.

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