Requirements of Writing (Scotland) Act 1995

40 For section 32 of that Act there shall be substituted the following section—

“32 Certain testamentary dispositions to be formally valid

(1) For the purpose of any question arising as to entitlement, by virtue of a testamentary disposition, to any relevant property or to any interest therein, the disposition shall be treated as valid in respect of the formalities of execution.

(2) Subsection (1) above is without prejudice to any right to challenge the validity of the testamentary disposition on the ground of forgery or on any other ground of essential invalidity.

(3) In this section“relevant property” means property disposed of in the testamentary disposition in respect of which—

(a) confirmation has been granted; or

(b) probate, letters of administration or other grant of representation—

(i) has been issued, and has noted the domicile of the deceased to be, in England and Wales or Northern Ireland; or

(ii) has been issued outwith the United Kingdom and had been sealed in Scotland under section 2 of the Colonial Probates Act 1892.”.