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Succession (Scotland) Act 2016

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This is the original version (as it was originally enacted).

Forfeiture

12Person forfeiting to be treated as having failed to survive victim

(1)This section applies where, under the forfeiture rule, a person (“the offender”) has forfeited—

(a)rights of succession to the estate of the deceased,

(b)a beneficial interest in trust property which (but for the forfeiture) the offender would have acquired in consequence of the deceased’s death,

(c)title to property which (but for the forfeiture) the offender would have acquired in consequence of the deceased’s death by virtue of a special destination.

(2)In subsection (1)(b), “trust property” means property which, before the deceased’s death, was held in trust for any person.

(3)The offender is to be treated as having died before the deceased—

(a)for the purposes of the rights of succession to the deceased’s estate,

(b)in relation to the beneficial interest mentioned in subsection (1)(b),

(c)in relation to the title to property mentioned in subsection (1)(c),

(as the case may be).

(4)For the avoidance of doubt, references in this section to rights of succession to the estate of the deceased include references to—

(a)a claim to jus relicti, jus relictae or legitim out of that estate,

(b)an entitlement from that estate conferred by section 8 or 9 of the Succession (Scotland) Act 1964.

(5)In this section, “the deceased” means the person as a result of whose death the forfeiture arose.

13Protection for persons acquiring in good faith and for value

(1)This section applies where a person acquires title to property in good faith and for value (whether by purchase or otherwise).

(2)The title is not challengeable on the ground that it was acquired (directly or indirectly) from a person who in relation to the property has incurred forfeiture under the forfeiture rule.

14Power of sheriff to order sheriff clerk to execute document

(1)This section applies where a relevant sheriff is satisfied, on an application, that—

(a)execution by a person of a particular document is reasonably necessary to give effect to a forfeiture under the forfeiture rule, and

(b)the person—

(i)is refusing to execute the document, or

(ii)is unable, or otherwise failing, to execute the document.

(2)The sheriff may make an order—

(a)dispensing with the execution of the document by the person, and

(b)directing the sheriff clerk to execute the document.

(3)A document executed by the sheriff clerk in accordance with an order under subsection (2) has the same force and effect as if it had been executed by the person.

(4)In subsection (1), “a relevant sheriff” means—

(a)if the deceased died domiciled in Scotland, a sheriff—

(i)of the sheriffdom in which the deceased was habitually resident at the date of death, or

(ii)if subsection (5) applies, of the sheriffdom of Lothian and Borders sitting at Edinburgh,

(b)if the deceased died domiciled other than in Scotland but at the date of death owned immoveable property situated in Scotland, a sheriff of the sheriffdom in which the immoveable property is situated,

(c)in any case, a sheriff of the sheriffdom in which the deceased’s executor obtains confirmation.

(5)This subsection applies if at the date of death—

(a)the deceased was not habitually resident in a particular part of Scotland, or

(b)the particular part of Scotland in which the deceased was habitually resident is not known or is uncertain.

(6)In this section, “the deceased” means the person as a result of whose death the forfeiture arose.

15Total relief from forfeiture rule

(1)Section 2 of the Forfeiture Act 1982 is amended as follows.

(2)In subsection (1), after “modifying” insert “or excluding”.

(3)In subsection (2)—

(a)after “modifying” insert “or excluding”,

(b)after “modified” insert “or excluded”.

(4)In subsection (3), after “modifying” insert “or excluding”.

(5)In subsection (5)—

(a)after “modify” insert “or exclude”,

(b)in paragraph (a), for “(but not all)” substitute “or all”,

(c)in paragraph (b), after “in respect of” insert “all or any”.

(6)In subsection (6), after “section” insert “modifying the effect of the forfeiture rule”.

16Time limit for applying for relief from forfeiture rule

(1)Section 2 of the Forfeiture Act 1982 is amended as follows.

(2)In subsection (3), for “period of three months beginning with his conviction” substitute “relevant period”.

(3)After subsection (3), insert—

(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..

17Repeal of the Parricide Act

(1)The Parricide Act 1594 is repealed.

(2)For the avoidance of doubt, the forfeiture rule applies in relation to cases where a person has unlawfully killed the person’s parent or grandparent as it applies in relation to other cases of unlawful killing.

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