Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Application definition

What does Application mean? An application is a procedural request asking a court to make an order, typically during the life of proceedings (an interim/interlocutory application) but sometimes disposing of an issue finally. The concept is descriptive rather than statutorily defined; content and procedure are set by court rules and case law in each jurisdiction. England and Wales: under the Civil Procedure Rules, applications are made by application notice (cpr Part 23), on notice or without notice, supported by evidence (usually a witness statement), and subject to filing fees, service and time limits. Common applications include extensions of time, summary judgment, security...

Intestate confirmation in Scotland: executor dative appointment, Sheriff Court petitions, bonds of caution, small estates procedure and order of succession

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Practice notes

FORTHCOMING CHANGE :

The Trusts and Succession (Scotland) Act 2024 secured Royal Assent on 30 January 2024, heralding the first overhaul of Scottish trust law in more than a century since the cornerstone Trusts (Scotland) Act 1921. Provisions on trusts will only commence once Scottish Ministers introduce the necessary secondary legislation, while the succession measures took effect on 30 April 2024. Key updates designed to modernise the framework are outlined in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes across Scottish trusts and succession topics will be revised to reflect this new statute.

This Practice Note addresses the steps for obtaining confirmation where there is no will (Intestate Estates). For wills-based estates, or elements of the confirmation process common to both testate and intestate cases, see Practice Note: Application for confirmation in Scotland—testate cases.

Appointment of executor

Order of succession

The intestacy rules appear in the Succession (Scotland) Act 1964 (S(S)A 1964). These rules establish the order of entitlement to share in an intestate estate...

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Jacqueline Leslie

Harper Macleod LLP

Jacqueline specialises in Wills, inheritance tax planning and the administration of estates, both straight forward and complex. She has many years of experience in the creation, administration and winding up of all types of trust, including personal injury trusts. Jacqueline also prepares financial and welfare powers of attorney for clients and acts for clients in the creation and administration of guardianships. She is also member of STEP (the Society of Trust and Estate Practitioners), the worldwide professional association for practitioners dealing with family inheritance and succession planning. Jacqueline is accredited by the Law Society of Scotland as specialist in Trust Law....

Web page updated on 21/05/2026

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