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Entail (Scotland) Act 1882
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Entail (Scotland) Act 1882, Section 14 is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Commencement Orders yet to be applied to the Entail (Scotland) Act 1882
Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
14 Procedure when heir in possession has disappeared.S
If the heir in possession of an entailed estate shall have been absent from Scotland or shall have disappeared . . . F1 and cannot be found, it shall be lawful for the next heir to make affidavit to that effect, and to apply to the Court, and the Court, if satisfied that such affidavit is true, . . . F1, may appoint a factor loco absentis to such heir in possession, and may [F2if he thinks fit] grant authority to and ordain such factor loco absentis to execute an instrument of disentail of the estate, and such instrument shall be as valid and effectual as if it were executed by the heir in possession himself.
The value in money of the expectancy or interest in the entailed estate of the heirs whose consents to the disentail must be obtained or dispensed with under the provisions of the Entail Acts shall be ascertained and may be secured upon the estate, or on the application of the factor loco absentis, or of the next heir, the Court may grant authority to the factor loco absentis to sell the estate at the sight of the Court, and the balance of the price, after paying the value of the interests of the heirs whose consents are required or must be dispensed with as aforesaid, shall be paid into bank or invested for behoof of the heir in possession, and shall be held to be movable, . . . F3
If the heir in possession shall have been absent from Scotland or shall have disappeared . . . F4 and a factor loco absentis shall have been appointed . . . F5,it shall be lawful for such factor to apply to the Court or the sheriff, as the case may be, for authority to feu, lease, borrow, and charge for improvement expenditure, in the same manner as the heir in possession himself might have done.
Textual Amendments
F1Words repealed by Presumption of Death (Scotland) Act 1977 (c. 27, SIF 116:2), s. 19, Sch. 2
F2Words inserted by Presumption of Death (Scotland) Act 1977 (c. 27, SIF 116:2), s. 18, Sch. 1
F3Words repealed by Presumption of Death (Scotland) Act 1977 (c. 27, SIF 116:2), s. 19, Sch. 2
F4Words repealed by Presumption of Death (Scotland) Act 1977 (c. 27, SIF 116:2), s. 19, Sch. 2
F5Words repealed by Presumption of Death (Scotland) Act 1977 (c. 27, SIF 116:2), s. 19, Sch. 2
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