Section 5 Individuals who die insolventI1

United Kingdom

(1)

An individual who dies insolvent is a relevant person for the purposes of section 1(1)(b) only.

(2)

For the purposes of this section an individual (D) is to be regarded as having died insolvent if, following D's death—

(a)

D's estate falls to be administered in accordance with an order under section 421 of the Insolvency Act 1986 or Article 365 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N. I. 19)),

(b)

an award of sequestration is made F1by virtue of section 2 or 5 of the Bankruptcy (Scotland) Act 2016 in respect of D's estate and the award is not recalled or reduced, or

(c)

a judicial factor is appointed under section 11A of the Judicial Factors (Scotland) Act 1889 in respect of D's estate and the judicial factor certifies that the estate is absolutely insolvent within the meaning of the Bankruptcy (Scotland) Act F22016.

(3)

Where a transfer of rights under section 1 takes place as a result of an insured person being a relevant person by virtue of this section, references in this Act to an insured are, where the context so requires, to be read as references to the insured's estate.

Annotations

Textual amendments

F1: Words in s. 5(2)(b) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(3)(a)
F2: Word in s. 5(2)(c) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 35(3)(b)

Commencement

I1: S. 5 in force at 1.8.2016 by S.I. 2016/550, art. 2