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Ordinary Cause - Civil Action Scotland

Murphy's Law

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I need some advice.


I am dealing with a small estate. There are two executors and the two executors share the estate. There is still money to be collected before the estate can be settled but the other beneficiary is getting impatient and raised a writ for her half. I have responded to the writ and there have been a couple of adjustments. There was an Options Hearing a few weeks ago and the other side asked for a continuance. I did not agree and stated that I wanted to proceed there and then. The Sheriff looked at the paperwork and noted that I had submitted a note in support of my preliminary plea. However, there was no preliminary plea in the "record" therfore the Sheriff could not entertain any plea from me. My case would have failed therefore he suggested that I accept a continuance for four weeks to sort it out. I forwarded my preliminary plea again to the pursuer's solicitor and expected them to update the "record" so that when we meet again the Sheriff can consider my preliminary plea.

However, I received, yesterday, a MOTION asking for:- 1. to grant a decree against the defender for half the estate; 2. to find the defender liable for expenses, and 3. Quad ulta to dismiss the craves of the writ


I suspect that the pursuer is not going to include my provisional plea therefore the advice I need is - How do I ensure that my preliminary plea is included in the record, or maybe the question is - How do I lodge my preliminary plea so as to ensure that the Sheriff takes it into consideration?

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