Disposition & Testament Dative

[LesleyB]

A thought occured to me recently and I wondered if anyone could clarify the matter for me :

*At NAS there is a Disposition recorded in the books of the Commissary Court Edinburgh 2nd August 1792. This would appear to me to be a will - it states what property (land) is owned, mentions all his worldy goods, gear, household plenishings etc. and who is to receive what after his death etc.

*Also at NAS and on SP there is a Testmament Dative for the same person. This document states all the belongings in his house and workshop and the value of same. (fascinating stuff!)

But here's the bit I don't understand - according to SP:

• The testament dative was drawn up by the court if a person died intestate (without leaving a will), in order to appoint and confirm the executor on their behalf. It comprised three parts: the introductory clause, an inventory of the deceased's possessions, and the confirmation clause. The testament dative might name a family member as executor, but if the deceased died in debt, a creditor might be appointed as executor instead. In such cases, the testament would include a list of the deceased's debts and would exist solely for the purpose of authorising the discharge of those debts.

So why, if there was a testament - and there clearly was, was a Testament Dative required? There appeared to be an outstanding bill due at the time of his death, is this the reason?

Anyone up on the legal stuff?

best wishes
Lesley

[AnneM]

Hi Lesley

A couple of possibilities. The will could have been challenged or invalid for some reason or some part of his estate could have fallen into intestacy because it was not adequately dealt with in the will, in which case that part would have been the part dealt with by the testament dative. It is also possble that all the beneficiaries mentioned in the will actually predeceased the guy that made it in which case the estate would also fall into intestacy.

Anne

[LesleyB]

Hi Anne
Thanks for your input.

The will could have been challenged or invalid for some reason or some part of his estate could have fallen into intestacy because it was not adequately dealt with in the will, in which case that part would have been the part dealt with by the testament dative.

OK that seems a possibility. Food for thought.

It is also possble that all the beneficiaries mentioned in the will actually predeceased the guy that made it in which case the estate would also fall into intestacy.

I know several of them were still around as I know when they died
... and I know of one of them who definately survived him, or I wouldn't be here to ask questions!

Best wishes
Lesley