Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

Part 4 S Land attachment and residual attachment

Chapter 3 S Residual attachment

Termination, discharge etc. of residual attachment S

Prospective

142 Effect of death of debtor S

(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.