Applicant's Death or Dissolution Prior to Application

Section 47 provides that the Keeper must reject an application:

  • if the applicant dies; or
  • as the case may be, is dissolved

before the date of the application

The reference to an applicant being dissolved only applies to non-natural persons, such as companies constituted under the Companies Acts. It will be extremely rare for this situation to occur and there may well be occasions where there is no information provided to allow an assessment to be made.

Should an application contain clear information that the applicant has died or been dissolved at any time prior to the date of application, whether or not this was after the delivery of the registrable deed to the applicant, the application must be rejected by virtue of section 47(1). A requisition may be required to confirm whether this is the case and the application may require to be placed in standover for 42 days pending written clarification from the submitting agent. If the position is confirmed that the applicant as stated on the form was deceased at the date of the application or as the case may be for a non-natural person, dissolved, at the date of the application, the application must be rejected by virtue of section 47(1). Other questionable applications such as where a deed is granted in favour of X but the application is made by X's executors or where a disposition is in favour of A and B and the survivor, but the application for registration of the disposition is by B alone on the suggestion that the survivorship may have operated - see Check Applicant - First Registration for information.

This guidance applies to all types of application and all registrable deeds.

 


Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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