Legal Definitions - datus bonis

Datus bonis is a term from Scots law that refers to an individual formally appointed by a court to manage an estate. This appointment typically occurs when the original owner or manager is unable to do so, often due to incapacity, absence, or death, and there is no other legal mechanism immediately available for the estate's management. The datus bonis acts in a fiduciary capacity, meaning they are legally obligated to manage the estate's assets responsibly and in the best interests of the beneficiaries or the estate itself.

Here are some examples illustrating the application of datus bonis:

• Example 1: Managing an Incapacitated Person's Affairs

  Mrs. Eleanor Vance, an elderly resident of Edinburgh, suffers a severe stroke that leaves her unable to manage her financial affairs or property. She had never created a power of attorney. To ensure her bills are paid, her investments are managed, and her home is maintained, her family petitions a Scottish court. The court appoints a professional solicitor, Mr. Alistair MacLeod, as datus bonis. Mr. MacLeod now has the legal authority and responsibility to oversee all of Mrs. Vance's assets and financial obligations, acting solely in her best interest, until she recovers or another long-term arrangement is made.

• Example 2: Overseeing a Minor's Inheritance

  Following the unexpected death of their parents, two young children, aged 8 and 12, inherit a significant portfolio of properties and investments located in Scotland. Since the parents died without a will that designated a guardian for the children's estate, and the children are too young to legally manage such complex assets, a Scottish court intervenes. The court appoints their aunt, Ms. Fiona Campbell, as datus bonis. Ms. Campbell is now responsible for managing the rental income from the properties, making investment decisions, and ensuring the estate is preserved and grows for the children until they reach legal maturity.

• Example 3: Safeguarding a Disputed or Vacant Estate

  Mr. Robert Fraser, a wealthy businessman, dies suddenly in Glasgow without leaving a valid will. His estate includes several ongoing businesses, valuable art collections, and various properties. There are multiple distant relatives who emerge, each claiming a right to administer the estate, leading to immediate disputes and delays in appointing a formal executor. To prevent the estate from suffering losses due to neglect or mismanagement during this contentious period, a Scottish court appoints an independent accountant, Ms. Sarah Jenkins, as datus bonis. Her role is to immediately secure all assets, manage the day-to-day operations of the businesses, and maintain the estate's value until the legal disputes are resolved and a permanent executor is formally appointed.