Legal Definitions - cognitionis causa tantum

cognitionis causa tantum is a legal action in Scots law. It allows a creditor to formally establish the existence and precise amount of a debt owed to them by a person who has died. This action is taken solely to confirm the debt against the deceased'sestate, not to immediately enforce payment or seize assets. It serves as a necessary preliminary step for the creditor to ensure their claim is legally recognized and accounted for before the deceased's estate is managed and distributed.

Here are some examples illustrating how this term applies:

• Unpaid Business Invoice: Imagine a small business owner, Mr. Henderson, who provided consulting services to a client. The client died unexpectedly before paying the final invoice for the completed work. To ensure his claim is legally recognized, Mr. Henderson would initiate a cognitionis causa tantum action. This allows him to formally prove the debt for his consulting services against the deceased client's estate, establishing the validity and amount of the unpaid invoice so it can be considered during the estate's administration.

• Outstanding Personal Loan: Sarah lent her friend, Mark, a substantial sum of money, with a clear agreement for repayment. Mark passed away suddenly before he could repay the loan. To protect her interest, Sarah would bring a cognitionis causa tantum action. This legal step is crucial for her to formally establish the existence and exact amount of the loan Mark owed her, transforming her informal claim into a legally recognized debt against Mark's estate, which the executors must then acknowledge.

• Bank's Mortgage Claim: A bank holds a mortgage on a property owned by a person who has recently died. The deceased had an outstanding balance on this mortgage. The bank would use a cognitionis causa tantum action to legally confirm the precise amount of the outstanding mortgage debt against the deceased's estate. This action ensures the bank's claim is officially recorded and recognized as a legitimate liability of the estate, allowing them to participate in the estate's distribution process as a secured creditor.