Francesca
The executor of the last surviving trustee could deal with this, but there is no need for a separate grant of confirmation. If the executors had been applying for confirmation anyway, then the details of the policy would be appended to the confirmation inventory as “Estate held in trust”. This is in terms of section 6 of the Executors (Scotland) Act 1900. Upon confirmation being granted, the executor could then deal with the policy.
I note that the executors were not planning to obtain confirmation, although this would be a relatively straightforward way of dealing with the policy.
An alternative is for new trustees to be appointed in terms of section 22 of the Trust (Scotland) Act 1921.
A further alternative is for the beneficiary (or his/her guardian) to apply to the court to procure title, under section 24 of the 1921 Act.
However, the method I would recommend, at least in the first instance, is to write to the life company providing all the relevant information, and asking them to take a pragmatic view of the matter, to be the proceeds to the beneficiary or his or her guardian.
Dale Ross
Blackadders LLP