Commentary on Sections Guidance about the appointment of judicial factors on the estates of missing persons
28.Section 12 places a requirement on the Scottish Ministers to issue guidance about the appointment of judicial factors to the estates of missing persons. Under subsection (2), this guidance can be reviewed and revised by the Scottish Ministers. Subsection (3) requires the publication of the guidance when originally prepared, or when updated. It allows for the guidance to form part of another document, such as guidance about the appointment of judicial factors generally. Any such guidance might cover how to evidence a person as missing when making an application for appointment under section 1, the ability of a judicial factor to request specific powers under section 11, situations where the interests of the estate may not align with the wishes of the missing person, what happens if a missing person returns, and any interaction with the Presumption of Death (Scotland) Act 1977.