Guidance on declarations in applications for confirmation

The Scottish Courts & Tribunals Service has written to the Law Society of Scotland regarding the changes which were introduced to applications for Confirmation by the Succession (Scotland) Act 2016.

The changes mean that the court has to be satisfied as to the relationship between the deceased and the executor. The court is particularly concerned with whether the executor was ever married or in a civil partnership with the deceased. This seems unnecessary in many cases where it is clear that the executor could not have been married to the deceased. The court has clarified the position.

A statement to the effect that the proposed executor has never been married or in a civil partnership with the deceased will not be necessary where that could never apply, for example, where the familial relationship has been set out in the declaration, for example: "That I am the son/daughter and executor nominate of the deceased."