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.