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Succession (Scotland) Act 2016

Current text a fecha 2016-03-03

Testamentary documents and special destinations

Effect of divorce, dissolution or annulment on will

1

even if the marriage or civil partnership is terminated.

Effect of divorce, dissolution or annulment on special destination

2

Rectification of will

3

Rectification of will: supplementary

4

if the will to which the order relates is registered (either before or when the order is registered) in the books in question.

Revocation of will not to revive earlier revoked will

5

Death before legacy vests: entitlement of issue

6

Liferent: vesting of fee other than on death

7

Destinations in wills and certain trusts: conditional institution

8

Survivorship

Uncertainty of survivorship treated as failure to survive

9

Equal division of property if order of beneficiaries’ deaths uncertain

10

Testamentary requirement of survival for a particular period

11

Where—

the person is to be treated as having failed to survive the testator for the specified period.

Forfeiture

Person forfeiting to be treated as having failed to survive victim

12

(as the case may be).

Protection for persons acquiring in good faith and for value

13

Power of sheriff to order sheriff clerk to execute document

14

Total relief from forfeiture rule

15

Time limit for applying for relief from forfeiture rule

16

(3A) In subsection (3) above, the “relevant period” is the period of 6 months beginning with— (a) the end of the period allowed for bringing an appeal against the conviction, or (b) if such an appeal is brought, the conclusion of proceedings on the appeal.

.

Repeal of the Parricide Act

17

Estate administration

Confirmation of executors: no requirement to find caution in relation to small intestate estate

18

See also section 3 of the Intestates Widows and Children (Scotland) Act 1875.

,

Confirmation of executors: general exceptions to requirement to find caution

19

Confirmation of executors: power of Ministers to abolish requirement for executors dative to find caution

20

The Scottish Ministers may by regulations make provision to the effect that persons appointed as executors dative are not in any circumstances to be required to find caution before confirmation is granted.

Power of Ministers to make provision requiring conditions to be met before courts appoint persons as executors dative

21

Sections 19, 20 and 21: regulations

22

Errors in distribution: protection of trustees and executors in certain circumstances

23

In the Trusts (Scotland) Act 1921, after section 29 insert—

(29A) (1) A trustee is not personally liable for any error in the distribution of any property, or the income of property, vested in the person as trustee if— (a) the error was caused by the trustee not knowing (either or both)— (i) of the existence, or non-existence, of a person, (ii) of a person’s relationship, or lack of relationship, to another person, and (b) the distribution takes place— (i) in good faith and after such enquiries as any reasonable and prudent trustee would have made in the circumstances of the case, or (ii) in accordance with an order of the court. (2) Subsection (1) does not affect any right which a person entitled to the property or income concerned has to recover it from another person. (3) Subsection (2) is without prejudice to section 24 of the Succession (Scotland) Act 2016. (4) This section applies only in relation to a distribution which takes place on or after the day on which section 23 of the Succession (Scotland) Act 2016 comes into force

.

Protection of persons acquiring title

24

Other reforms

Gifts made in contemplation of death

25

Abolition of right to claim in respect of expense of mournings

26

Any right at common law to claim an allowance in respect of the expense of mournings from the estate of a deceased person is abolished.

Additional ground of jurisdiction: executor confirmed in Scotland

27

(ga) in the person’s capacity as an executor (where confirmation has been obtained in Scotland)— (i) in the Court of Session, or (ii) before a sheriff of the sheriffdom in which confirmation was obtained.

.

General

Interpretation

28

Consequential provision

29

Ancillary provision

30

Commencement

31

Short title

32

The short title of this Act is the Succession (Scotland) Act 2016.

SCHEDULE

The Succession (Scotland) Act 1964

1

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1968

2

Section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 is repealed.

Civil Partnership Act 2004

3

Section 124A of the Civil Partnership Act 2004 is repealed.

Family Law (Scotland) Act 2006

4

Section 19 of the Family Law (Scotland) Act 2006 is repealed.

Effect of divorce, dissolution or annulment on will

Time limit for applying for relief from forfeiture rule

Repeal of the Parricide Act

Confirmation of executors: general exceptions to requirement to find caution

Confirmation of executors: power of Ministers to abolish requirement for executors dative to find caution

The Succession (Scotland) Act 1964

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1968

Civil Partnership Act 2004

Family Law (Scotland) Act 2006

Editorial notes

[^key-6e9a568d3e1444078932adc5fd8fd010]: S. 15 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-193b60d26a83e78fe20dde1af9331e4d]: S. 16 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-1a4bbe59ed53c085f1e39bf07ee39967]: S. 17 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-5d665f1e95474a0ac198eeb5c481400a]: S. 23 in force at 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(b)

[^key-24b1637ee17f0d483f351d4704a6f7f2]: S. 27 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-7dfbbcd5b9ee5bb690ad0e6f4d9a252f]: Sch. para. 1(5)(a)(b) in force at 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(b) (with reg. 3(4)(5))

[^key-45eace180cc5216954b0c9a71b17545a]: Sch. para. 1(1)-(4)(5)(c) in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-387aababb1c4cd5f101a58f31cf2a94e]: Sch. para. 2 in force at 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(b) (with reg. 3(5))

[^key-05c4f17df70eea019667c50ddd2ea13a]: Sch. para. 3 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-77e3fbe86d39b4d2e3e204c9b366808b]: Sch. para. 4 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-42f07604ffe298f8ccb8e9e3791ab409]: S. 1 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-95d314326cf27e7691059ea9053841b8]: S. 2 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-af8bb4d5a196f231f7067c5a7605020c]: S. 3 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-c9a215ad74c743f2ec4e25f92484dcb4]: S. 4 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-2290b905c91b6ae35af7209aca8f828d]: S. 5 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2) (with reg. 3(1))

[^key-ac251411b2b99bb031f522a7a47c2d4e]: S. 6 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2) (with reg. 3(2))

[^key-e840505bd90f9d059f44232411bc1aa1]: S. 8 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2) (with reg. 3(2))

[^key-a24b8b5f619a4b9a581756a334d411b2]: S. 9 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-fc2bbb9a8f839bcab98621390ecb1191]: S. 10 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-d35f1f67b8b1064e4fa02ba04dbe5869]: S. 11 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-0c370810121c677288f3fbd677a99584]: S. 12 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-fc71cd5a3b09ac895353cdf9b7280ba7]: S. 13 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-e32a879af293399c2d6e06a3eb7fe563]: S. 14 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-ed9ac036061737e041bccc1f868fbe9f]: S. 26 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-3c74c5a6218aa4ffa172c94013951a8e]: S. 29(1) in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2) (with reg. 3(2))

[^key-df50c2aea1231900f01fefc86011b0a6]: S. 29(2) in force at 1.11.2016 for specified purposes in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)

[^key-7a11bf45c216c38b7afac8c5470de0d0]: S. 29(2) in force at 1.11.2016 for specified purposes by S.S.I. 2016/210, reg. 2(1)(b)

[^key-5a0b115759dfe03ba4d7f5fe9825591e]: S. 7 in force at 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(b)

[^key-bfc491b1896b4ae5167dc34287267f1e]: S. 24 in force at 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(b)

[^key-0d758c4c494c4907b6983e4976e6758b]: S. 25 in force at 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(b) (with reg. 3(3))

[^key-9770a96af1b46fde4ca8a036a7e0b970]: S. 28 in force at 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(b)