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.