Holyrood Committee to examine Bill modernising centuries-old law

9 January 2024

Judicial factors have been around for hundreds of years – but the most recent Act was passed in 1889.

Now over 130 years later, the Scottish Parliament will consider a Bill aimed at bringing this area of law up to date, modernising and clarifying how it works.

The first step in this process is for the Delegated Powers and Law Reform Committee to gather views on the Bill before beginning its scrutiny.

A judicial factor is an individual appointed by the Court to manage property for people who, for whatever reason, are unable or unwilling to do so.

Circumstances where a judicial factor may be appointed include:

where a sole law practitioner has died and the firm needs oversight,
to oversee the estate of a deceased or missing person, or
where it is not “possible, practicable or sensible” for a person responsible for an estate to carry out their duties.

The Delegated Powers and Law Reform Committee Convener, Stuart MacMillan MSP said:

“Judicial factors play an important role in the Scottish legal system, but the legislation covering this role dates back as far as the 17th century. It has been well over 100 years since the most recent Act.

“These updates to the law could lead to a more efficient system which can focus on getting the best outcomes for all parties involved.

“This new Bill has to work for the people of Scotland, so I would encourage anyone with a view to submit it to us. Whether you interact with judicial factors professionally or personally, your experiences can help us to make this new Bill as good as it can be.”

Views can be submitted on the Judicial Factors (Scotland) Bill until 15 March 2024.

The call for views can be accessed on the Scottish Parliament website

The current Bill is based on work undertaken by the Scottish Law Commission (“SLC”).

The Scottish Parliamentary Corporate Body securely processes journalists’ data for the purpose of enabling reporting on the work of the Scottish Parliament, in line with current data protection requirements. You have the right to unsubscribe at any time. For further information, please see our Privacy Notice