[2004] UKHL 8, 4 March 2004. Appeal by purchasers (G) against a decision that the respondent trustee (T) of a vendor (B) could evict them from a flat. G had taken possession of the flat but failed to record B's disposition in the Register of Sasines. B executed a trust deed in favour of her creditors. B's estate was sequestrated and the whole of her estate was vested in T as permanent trustee. T gave notice that he had a right to the flat as trustee and G subsequently recorded B's disposition. Appeal against the decree that the property was vested in T, since the date of sequestration centred on the interpretation of 'the whole estate of the debtor' in the Bankruptcy (Scotland) Act 1985 s31(1). Gsubmitted that B could not have disponed the flat without being guilty of fraud, but T argued that B's right of property was vested in him and he was unaffected by any of B's personal obligations. "Held": appeal dismissed. B's right to the flat was vested in T as part of B's 'whole estate' under the 1985 Act s31(1). T's infeftment was preferable to G's by reason of the Real Rights Act 1693. View judgment at www.the-stationery-office.co.uk.