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(1)This section applies where—
(a)a destination of property in favour of a person (“A”) whom failing another person (“B”) is contained in a will or in a trust taking effect during the lifetime of the truster, and
(b)the property vests in A.
(2)B loses all rights to the property under the destination unless—
(a)the will or trust expressly provides otherwise, or
(b)it is clear from the terms of the will or trust that the testator or truster intended otherwise.
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Text created by the Scottish Government 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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