xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Special provisions in relation to particular proceedings

CHAPTER 61JUDICIAL FACTORS

PART IIAPPLICATIONS UNDER SECTION 11A OF THE JUDICIAL FACTORS (SCOTLAND) ACT 1889
Claims

61.21.—(1) The judicial factor shall examine the claims of creditors in order to ascertain whether the debts are properly due from the estate of the deceased, and may–

(a)call for further evidence in support of the claims;

(b)if he thinks fit, require a creditor to constitute such claim by decree in a competent court in an action in which the judicial factor shall be called as a defender.

(2) For the purpose of ranking and payment of creditors, the date of the appointment of the judicial factor shall be deemed to be equivalent to the date of sequestration.