Act of Sederunt (Rules of the Court of Session 1994) 1994

Notice to creditors

61.25.—(1) As soon as the report of the Accountant of Court under rule 61.24(3) has been issued, the judicial factor shall–

(a) lodge in process that report, the state of funds and any scheme of division;

(b) send to each person who has lodged with him a claim on the estate of the deceased a notice by first class post, or, if that person is furth of Europe, by air mail, stating–

(i) that the state of funds and scheme of division or state of funds only, as the case may be, and a report have been lodged in court; and

(ii) the amount for which the creditor has been ranked and whether his claim is to be paid in full or by a dividend and the amount of it; or

(iii) that his claim has been rejected; or

(iv) that no funds are available for division;

(c) place a notice in Form 61.25 in the Edinburgh Gazette; and

(d) if–

(i) any person, other than a person who has lodged a claim with him, is stated in the application or in the books, deed of settlement, or other papers of the deceased, to be a creditor of the estate or has an interest in the estate, or

(ii) he has reason to believe that any other person is either a creditor of the estate or has an interest in the estate,

give notice to such person, by first class post or, if that person is furth of Europe, by air mail, that no dividend is allotted to him in the scheme of division.

(2) Any creditor or person having an interest in the succession to the deceased’s estate shall be entitled to examine–

(a) the state of funds and any scheme of division lodged in process; and

(b) the claims and supporting vouchers or evidence lodged with the judicial factor.