Judicial Factors (Scotland) Act 2025

Conditions and qualification for appointment

4 Conditions for appointment of judicial factor

(1) The conditions for appointment of a judicial factor are—

(a) there is an estate which—

(i) requires to be managed, or

(ii) in relation to which actings are required, and

(b) at least one of the following applies—

(i) it is not possible, practicable or sensible for that management or those actings to be carried out by the person who would ordinarily be responsible for carrying them out,

(ii) it would be to the advantage of the estate for a judicial factor to be appointed to carry out that management or those actings.

(2) In this section, “actings” includes such actions as may be required to hold, administer, or protect an estate for the benefit of persons with an interest in it.

5 Qualification for appointment as judicial factor

(1) A person may be appointed as a judicial factor only if the person is—

(a) an individual,

(b) of full legal capacity, and

(c) in the opinion of the court to which it falls to make the appointment, a suitable person to hold the office.

(2) A person domiciled outside of Scotland, who is appointed as a judicial factor under this Act, prorogates the jurisdiction of the Scottish courts by accepting the appointment.