Parliament Workbench

Petition · PE01412 · Session 4

Bond of Caution

Closed Submitted 14 Nov 2011 Justice
Signatures
1
Comments
0
Considered
10 meetings
in the Official Report

What it asks

Calling on the Scottish Parliament to urge the Scottish Government to amend the law of succession to end the requirement for a Bond of Caution by an executor-dative when seeking confirmation of any intestate estate.

What the petitioner did first

A solicitor was initially contacted to provide legal advice. The advice given was that it is a legal requirement that an insurance bond is taken out before any executor can seek confirmation if an intestate estate. The Commissary Department of the Sheriff Clerk's Office in Edinburgh was also contacted and confirmed that a Bond of Caution is required by law in all cases by executors-dative. The only exception is where the executor is a spouse.
A petition was submitted to the Scottish Parliament in March 2008 (PE1134) to amend the existing law. That petition was closed in April 2008 by the Public Petitions Committee because the Scottish Law Commission was, at that time, reviewing succession law. The Law Commission's report was published on 15 April 2009 and on 22 April 2009 I wrote to the Scottish Government regarding the issue of the Bond of Caution. So far the Scottish Government has not indicated if, or when, it intends to amend the law so that a Bond of Caution would no longer be required. That is why I am submitting this new petition to the Scottish Parliament.

Where it was considered

Official Report
  1. 29 Nov 2011
    Public Petitions Committee
    New Petitions
    1 mention
  2. 21 Feb 2012
    Public Petitions Committee
    Current Petitions
    1 mention
  3. 15 May 2012
    Public Petitions Committee
    Current Petitions
    1 mention
  4. 4 Sep 2012
    Public Petitions Committee
    Current Petitions
    1 mention
  5. 13 Nov 2012
    Public Petitions Committee
    Current Petitions
    1 mention
  6. 12 Nov 2013
    Public Petitions Committee
    Current Petitions
    1 mention
  7. 18 Feb 2014
    Public Petitions Committee
    Current Petitions
    1 mention
  8. 20 May 2014
    Public Petitions Committee
    Current Petitions
    1 mention
  9. 26 Jan 2016
    Public Petitions Committee
    Continued Petitions
    1 mention
  10. 8 Mar 2016
    Public Petitions Committee
    Continued Petitions
    1 mention

Signatures by country

No online signatures are recorded for this petition; the total above may include paper signatures.

Comments

No public comments.