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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
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What are the procedural steps and documentation required to

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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.
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 2 years ago. 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
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 2 years ago.
It's property, not a company
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 2 years ago.
I require to know the procedure in scotland to gain an order revesting the property rights in an heir.
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 2 years 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.
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 and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks sorry it took so long to get there, my fault.