PART 2

Sequestration: award and recall

Award of sequestration

Effect of sequestration on diligence: estate of deceased debtor
25
1
Section 24 applies to the estate of a deceased debtor which—
a
has been sequestrated within 12 months after the date of death, or
b
was absolutely insolvent at that date and in respect of which a judicial factor has been appointed under section 11A of the Judicial Factors (Scotland) Act 1889 within 12 months after that date,
but with the modifications mentioned in subsection (2).
2
The modifications are that—
a
any reference to the date of sequestration is to be construed as a reference to the date of death, and
b
any reference to the debtor is to be construed as a reference to the deceased debtor.
3
It is not competent, on or after the date of sequestration, for any creditor to raise or insist in an adjudication against the estate of a debtor (including any estate vesting under section 86(5)) or to be confirmed as executor-creditor on the estate.
4
Subsections (5) and (6) apply where, within 12 months after the debtor's death—
a
the debtor's estate is sequestrated, or
b
a judicial factor is appointed under section 11A of the Judicial Factors (Scotland) Act 1889 to administer the debtor's estate and that estate is absolutely insolvent.
5
No confirmation as executor-creditor on that estate at any time after the debtor's death is effectual in a question with the trustee or the judicial factor.
6
But the executor-creditor is entitled—
a
out of the estate, or
b
out of the proceeds of sale of the estate,
to the expenses incurred by the executor-creditor in obtaining the confirmation.