Forfeiture

14Power of sheriff to order sheriff clerk to execute document

1

This section applies where a relevant sheriff is satisfied, on an application, that—

a

execution by a person of a particular document is reasonably necessary to give effect to a forfeiture under the forfeiture rule, and

b

the person—

i

is refusing to execute the document, or

ii

is unable, or otherwise failing, to execute the document.

2

The sheriff may make an order—

a

dispensing with the execution of the document by the person, and

b

directing the sheriff clerk to execute the document.

3

A document executed by the sheriff clerk in accordance with an order under subsection (2) has the same force and effect as if it had been executed by the person.

4

In subsection (1), “a relevant sheriff” means—

a

if the deceased died domiciled in Scotland, a sheriff—

i

of the sheriffdom in which the deceased was habitually resident at the date of death, or

ii

if subsection (5) applies, of the sheriffdom of Lothian and Borders sitting at Edinburgh,

b

if the deceased died domiciled other than in Scotland but at the date of death owned immoveable property situated in Scotland, a sheriff of the sheriffdom in which the immoveable property is situated,

c

in any case, a sheriff of the sheriffdom in which the deceased’s executor obtains confirmation.

5

This subsection applies if at the date of death—

a

the deceased was not habitually resident in a particular part of Scotland, or

b

the particular part of Scotland in which the deceased was habitually resident is not known or is uncertain.

6

In this section, “the deceased” means the person as a result of whose death the forfeiture arose.