PART 1 S Application or petition for sequestration

Applications and petitions S

5 Sequestration of estate of deceased debtor S

The sequestration of the estate of a deceased debtor is—

(a) by debtor application made by the executor, or a person entitled to be appointed as executor, on the estate,

(b) on the petition of a qualified creditor, or qualified creditors, of the deceased debtor,

(c) on the petition of a temporary administrator,

(d) on the petition of a member State [F1 insolvency practitioner] appointed in main proceedings, or

(e) on the petition of a trustee acting under a trust deed.

Textual Amendments

F1 Words in s. 5(d) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(3) (with reg. 9)

Commencement Information

I1 S. 5 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2