Act of Sederunt (Judicial Factors Rules) 1992

Form of application

22.  An application for the appointment of a factor under section 11A of the 1889 Act(1) shall include the following matters—

(a) the grounds of jurisdiction;

(b) the name, last address and date of death of the deceased person;

(c) the reasons for the appointment being necessary;

(d) the interest of the person(s) making the application, ie if a creditor or creditors, the nature and amount of the debt(s), how constituted, vouched or established, if a person or persons having an interest in the succession to the estate, the nature of that interest;

(e) details of the deceased person’s estate so far as known to the applicant(s) including heritable and moveable property, any stock in trade, any interests in any business or partnership, debts owed to or by the deceased and any other relevant facts;

(f) the names and addresses of all persons known to the applicant(s) as having an interest in the estate either as creditors or as having an interest in the succession to the estate and the nature of the interest in each case; and

(g) the name, designation and address of the person nominated to be the judicial factor.

(1)

1989 c. 39; section 11A was inserted by paragraph 4 of schedule 7 to the Bankruptcy (Scotland) Act 1985 (c. 66).