PART 6

MISCELLANEOUS

Miscellaneous

Certain applications to Sheriff of Chancery
68
After section 26 of the Titles to Land Consolidation (Scotland) Act 1868 (c. 101) there shall be inserted—

Application for declarator of succession as heir in general or to specified lands
26A
On an application being made by any person having an interest, the Sheriff of Chancery may, if satisfied that—
a
such deceased person as may be specified in the application died before 10th September 1964 and that person either—
i
was domiciled in Scotland at the date of his death; or
ii
was the owner of lands situated in Scotland to which the application relates; and
b
the applicant, or as the case may be such person as may be specified in the application, has succeeded as heir to that deceased, and is either—
i
heir in general; or
ii
heir to such lands as may be specified in the application,
grant declarator that the applicant, or as the case may be such person as may be specified in the declarator, is the heir in general or heir to the lands so specified.

Application for declarator of succession as heir to last surviving trustee under a trust
26B
On an application being made under this section, the Sheriff of Chancery may, if satisfied that—
a
such deceased person as may be specified in the application was the last surviving trustee named in, or assumed under, a trust;
b
the trust provides for the heir of such last surviving trustee to be a trustee;
c
either—
i
the trust is governed by the law of Scotland; or
ii
lands subject to the trust and to which the application relates are situated in Scotland; and
d
the applicant has succeeded as heir to the deceased,
grant declarator that the applicant is the heir of the deceased and accordingly is a trustee under the trust.

Construction of reference to service of heir
26C
A reference in any enactment or deed to a decree of service of heir (however expressed) shall include a reference to a declarator granted under section 26A or 26B of this Act.
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