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

Part 4 Land attachment and residual attachment

Chapter 2 Attachment of land

Consequences of land attachment

89 Effect 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.