Proving the tenor of a lost will or codicil in Scotland: practical guidance on Sheriff Court jurisdiction, parties, crave and condescendence, with example pleadings and special casus amissionis
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Practice notes
This How to complete an action for proving the tenor of a lost Will or codicil guide has been produced in partnership with Fergus Colquhoun of Terra Firma Chambers. It offers a worked example of an action to establish the tenor of a lost codicil in Scotland. It also sets out guidance on the degree of narrative and specification that ought to be included within the action. It is intended to be read in conjunction with Precedent: Style for action for proving the tenor of lost Will—Scotland.
Example of completed action
The fully completed example action can be accessed here in full as a reference:
Choice of Sheriff Court
The appropriate Sheriff Court is the competent court with jurisdiction over the locality in which the deceased was domiciled on the date of death.
Who to identify as the Pursuer
Anyone with a relevant interest may raise the proceedings, although in practice it will most commonly be the executor, or the individual entitled to be appointed executor-dative.
Who to call as the Defenders
Anyone...
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Web page updated on 21/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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