Law Reform (Miscellaneous Provisions) (Scotland) Act 1968

Part I S Succession, Construction of Deeds, Etc., in Cases of Illegitimacy

1—6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 S

Textual Amendments

F1 Ss. 1–6 repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2

Protection of trustees and executors S

7 Protection of trustees and executors. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 , a trustee or an executor may distribute any property vested in him as such trustee or executor, or may make any payment out of any such property, without having ascertained—

(a) that no illegitimate person exists who is or may be entitled to an interest in that property or payment in consequence of any of the said provisions, and

(b) that no illegitimate person exists or has existed, the fact of whose existence is, in consequence of any of the said provisions, relevant to the ascertainment of the persons entitled to an interest in that property or payment, [F3 and

(c) that no paternal relative of an illegitimate person exists who is or may be entitled to an interest in that property or payment,]

and such trustee or executor shall not be personally liable to any person so entitled of whose claim he has not had notice at the time of the distribution or payment ; but (without prejudice to section 17 of the Act of 1964) nothing in this section shall affect any right of any person so entitled to recover the property, or any property representing it, or the payment, from any person who may have received that property or payment.

Textual Amendments

F2 Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2

F3 S. 7(c) and the word “and" immediately preceding it inserted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 10