Part 4Land attachment and residual attachment

Chapter 3Residual attachment

Termination, discharge etc. of residual attachment

142Effect of death of debtor

1

Where, in relation to a debt—

a

the creditor has taken any steps towards obtaining a residual attachment order against the debtor; but

b

has not, before the date of death of the debtor, served a schedule of residual attachment on the debtor,

any such steps cease to have effect; and accordingly any residual attachment order relating to that debt becomes, on that date, void.

2

Where a residual attachment is created before the death of the debtor, it continues to have effect in relation to the attached property after that death.

3

The Court of Session may, by Act of Sederunt, provide for the operation of this Chapter in a case to which this section applies and may, in particular—

a

modify the provisions about intimation of applications for satisfaction orders; and

b

confer power on the sheriff to dispense with or modify procedures under this Chapter.