# Judicial Factors (Scotland) Act 1889, Section 11A: Application for judicial factor on estate of person deceased.

Extent: S

(1) It shall be competent to one or more creditors of parties deceased, or to persons having an interest in the succession of such parties, in the event of the deceased having left no settlement appointing trustees or other parties having power to manage his estate or part thereof, or in the event of such parties not accepting or acting, to apply by summary application to the sheriff of the sheriffdom within which the deceased resided or carried on business during the year immediately preceding the date of the application, or within which heritage belonging to the deceased at the time of his death is situated, for the appointment of a judicial factor.
(2) After such intimation of the application to the creditors of the deceased, and other persons interested, as may be considered necessary, and after hearing parties, the . . . sheriff may appoint such factor, who shall administer the estate subject to the supervision of the accountant in accordance with this Act and the Judicial Factors (Scotland) Act 1880 and relative acts of sederunt; and, if the deceased’s estate is absolutely insolvent within the meaning of section 228(5) of the Bankruptcy (Scotland) Act 2016, section 129 of, and Schedule 1 to, that Act shall apply as if for references to—
(a) the interim trustee or . . . trustee there were substituted references to the judicial factor; and
(b) the date of sequestration there were substituted references to the date of the judicial factor’s appointment.

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Source: https://www.legislation.gov.uk/ukpga/Vict/52-53/39/section/11A (the official version)
Page: https://openlegislation.uk/judicial-factors-scotland-act-1889/section-11A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.