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The Sheriff, having heard the solicitor for the executors-nominate, refuses to grant authority to the sheriff clerk to issue confirmation on an application for confirmation dated 17 December 2014 signed by an attorney of the first named executor-nominate.
[1] The issue is whether it is competent for an executor-nominate which is a company, in this case The Royal Bank of Scotland Plc, to appoint an attorney. In my opinion it is not.
[2] By will dated 24 April 2011, K F C appointed The Royal Bank of Scotland Plc and his wife to be his executors-nominate. K F C died on 11 May 2014.
[3] On 15 September 2014, The Royal Bank of Scotland Plc granted a power of attorney in favour of five named partners within Brodies LLP, one of whom signed the application for confirmation on 17 December 2014.
[4] The application was submitted along with supporting documentation to this commissariot.
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