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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.

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