Russell and McNair, petitioners

Succession law – Executors – Intestate estate – Right to be appointed executor. Sheriff Court: In a case in which two petitioners sought to intimate the petition to their mother, the executrix-dative of their late father, to have her removed from office and to substitute themselves as executrices-dative, averring that she had lost capacity and did not have guardianship order, the court refused to grant the warrant craved, holding that the purpose of s 9(4) of the Succession (Scotland) Act 1964 was to make clear that the surviving spouse or civil partner was the only person to be appointed executor-dative where his or her rights exhausted the estate, and the petitioners, as children, had no title to petition standing the terms of s 9(4).

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