Act of Sederunt (Judicial Factors Rules) 1992

Notice to creditors

30.—(1) As soon as the Accountant’s report under rule 29 has been issued, the factor shall—

(a) lodge it together with the state of funds and scheme of division or state of funds, as the case may be, in process;

(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 abroad 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 thereon 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 thereof; or

(iii) that his claim has been rejected; or

(iv) that no funds are available for division;

(c) insert in the Edinburgh Gazette a notice in Form 5; and

(d) if any person, other than those who have lodged claims with him are 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 interested therein, or if he otherwise has reason to believe that any other person is either a creditor of the estate or interested therein, give notice to such person by first class post or if that person is abroad by air mail, that no dividend is allotted to him in the scheme of division.

(2) Any creditor or person interested in the succession to the deceased’s estate shall be entitled to examine—

(a) the state of funds and scheme of division or state of funds, as the case may be, lodged in process; and

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