Question reference: S5W-33883
- Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
- Date lodged: 8 December 2020
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Current status: Answered by Ash Denham on 18 December 2020
Question
To ask the Scottish Government what its position is on whether the cost of applying to the Court of Session is prohibitive for most families dealing with executors considered problematic.
Answer
It is important to remember that where executors are appointed in a will they are chosen by the deceased to carry out their last wishes and the terms of the will. Removal of executors under statute can, in certain circumstances, be done by application to the Sheriff Court, failing which the Court of Session. In considering any proposals for reform the Scottish Government recognises the importance of balancing the ability of beneficiaries to remove a problematic executor and the right of a deceased person to have the individual they choose administer their will.