How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10287
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

What are the procedural steps and documentation required to

Resolved Question:

What are the procedural steps and documentation required to make an application for a vesting order in the Sheriff Court Scotland as it seems this is a different procedure from that of England.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
I am a solicitor in Scotland. There is no common expression as a vesting order under Scots law. What is it that you are trying to achieve?
-Could you explain your situation a little more?
Customer: replied 1 year ago.
https://www.gov.uk/guidance/vesting-orders-how-to-apply if this applied in Scotland it would be straight forward, I need the equivalent explanation for Scottish law. presumably it's called something else in Scotland?thanks
Expert:  JGM replied 1 year ago.
In Scotland the procedure is generally to apply to have the company restored to the Register of Companies so as to carry out the transactions necessary. There are two methods of restoration, administrative restoration and restoration by the court. The method required depends on the circumstances and reasons whereby the company was struck off to start with. The rules are contained in the Companies Act 2006 round about section 1000 from recollection.
If you can give me some background I will be able to help you further.
Customer: replied 1 year ago.
It's property, not a company
Expert:  JGM replied 1 year ago.
The link you provided me with related to property which had reverted to the Crown because the company has been dissolved. I was giving you the basics of a similar issue under Scots law. Perhaps if you explained the facts of your specific situation that would help me to tell you what the law is.
Customer: replied 1 year ago.
I require to know the procedure in scotland to gain an order revesting the property rights in an heir.
Expert:  JGM replied 1 year ago.
Sorry, I need background and all relevant facts. An heir inherits according to a will or a trust or the law of intestacy. You will have to explain what you mean by revestimg in the heir. Vesting happens under the law of succession or the law of trusts. Your case is still a mystery to me and the English link you gave me is irrelevant
Please help me to help you by explaining your situation in detail.
Customer: replied 1 year ago.
Sorry for not making myself clearer, its as you state there is a property and a will leaving all rights and beneficial interest to the heirs and beneficiaries, the heir is a beneficiary. What is required is the procedure to to have all rights relating to that property vested in that heir.
Expert:  JGM replied 1 year ago.
That is not technically vesting. What you are referring to I think is the technical steps needed to transfer the title to the property from the name of the deceased into the name of the beneficiary.
1. The executor of the estate has to apply for Confirmation by making up form C1 and lodging in court with the will all suitably complete and docquetted.
2. Confirmation is issued by the court.
3. The executor can execute a Notice of Tile passing title to the beneficiary.
4. That is registerd in the Land Rgoster of Scotland and a title is issued in the name of the beneficiary.
It is highly advisable to have a solicitor deal with this unless the executor is acquainted with succession law and property law.
I hope that helps. Please leave a positive feedback on the system so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10287
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks sorry it took so long to get there, my fault.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.