Bonds of Caution were originally required to be obtained in every Executory Estate. Since 1823 this condition has been relaxed.
A Bond of Caution is a fidelity guarantee designed to protect the inheritance of the beneficiaries of an Executory Estate from the dishonesty of the Executor.
A bond of Caution is required in most Estates where an executor has not been appointed in terms of the Will. This obviously covers any Estate where there is no Will.
The exceptions to his rule are-
- Where there is no Will and the spouse or civil partner inherits the whole Estate; and
- Estates with a gross value of < £36,000 (Small Estates) and where the Executor-dative applies to the Sheriff Clerk to prepare the Inventory and Form C1.
There are currently two companies authorised to provide Bonds of Caution-
- Royal and Sun Alliance Insurance; and
- Zurich Insurance
The Bond of Caution will only be provided by the insurance companies if a firm of solicitors is instructed to administer and wind up the Estate.
The fee is based upon the gross value of the Estate. The minimum fee charged by the insurance companies is around £250.00.
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