Part 4Land attachment and residual attachment
Chapter 2Attachment of land
Consequences of land attachment
89Effect of debtor's death before land attachment created
1
This section applies where—
a
a debtor, in relation to whose land a creditor has taken steps to commence or execute a land attachment, dies; and
b
a land attachment has not, before the date of death of the debtor, been created.
2
Any steps taken as mentioned in subsection (1)(a) above cease to have effect and any charge relating to the debt is, from the date of death of the debtor, void.
3
Nothing in subsection (2) above stops the creditor from subsequently proceeding to raise against any executor or other representative of the debtor an action to constitute the debt.
4
Any warrant for diligence in an extract of a decree in such an action authorises land attachment.