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Succession (Scotland) Act 2016

Survivorship

Section 11– Testamentary requirement of survival for a particular period

44.Although it continues to be competent for people to specify in their wills a period that a successor has to survive in order to take the testamentary provisions, this section provides for the situation where there is uncertainty as to whether the successor survived the testator for the specified period. Where a testator makes a bequest which is subject to the condition that the beneficiary survives the testator for a specified period, and in the circumstances it is uncertain whether the beneficiary did survive the testator for that period, they are to be treated as having failed to survive the testator.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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