- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Succession (Scotland) Act 2016, Cross Heading: Estate administration.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The Small Intestate Estates Act is amended as follows—
(a)in section 3, for “on caution being found by the applicant according to the practice of the commissary court” substitute “ without requiring the applicant to find caution ”,
(b)in the form of confirmation in Schedule B, the words “, and that has [or have] likewise found caution for acts and intromissions as executor [or executors]” are repealed.
(2)As well as in relation to applications under section 3 of the Small Intestate Estates Act made after this section comes into force, the amendments made by subsection (1) apply in relation to applications under that section of that Act made before this section comes into force which are not by then determined.
(3)In this section, “the Small Intestate Estates Act” means the Intestates Widows and Children (Scotland) Act 1875.
(4)In section 2 of the Confirmation of Executors (Scotland) Act 1823—
(a)after paragraph (b), insert—
“See also section 3 of the Intestates Widows and Children (Scotland) Act 1875.”,
(b)for “all other cases” substitute “ cases where caution is required to be found ”.
(1)In section 2 of the Confirmation of Executors (Scotland) Act 1823, in paragraph (b) after “spouse” insert “ or civil partner ”.
(2)The Scottish Ministers may by regulations make provision modifying section 2 of the Confirmation of Executors (Scotland) Act 1823 to the effect that cases additional to those for the time being set out there are cases in which caution is not to be required to be found.
The Scottish Ministers may by regulations make provision to the effect that persons appointed as executors dative are not in any circumstances to be required to find caution before confirmation is granted.
(1)The Scottish Ministers may by regulations make provision to the effect that courts are not to appoint persons as executors dative unless particular conditions are met.
(2)Such conditions may, in particular, include—
(a)the court being satisfied that the person is suitable for appointment,
(b)the court being provided with particular information about—
(i)the person seeking appointment,
(ii)the estate in respect of which the appointment is to be made.
(3)Regulations under this section may make provision in relation to—
(a)all appointments of persons as executors dative, or
(b)appointments of persons of particular descriptions as executors dative.
(4)Regulations under this section making provision to the effect that the courts are not to appoint persons as executors dative unless satisfied that they are suitable for appointment may include provision enabling or requiring a court—
(a)to have regard to particular factors, or consider particular information, in determining whether a person is suitable for appointment,
(b)to be satisfied that a person is suitable for appointment if particular conditions are met,
(c)to impose particular conditions which must be satisfied before the court may be satisfied that a person is suitable for appointment.
(5)Regulations under this section may make different provision in relation to appointments of persons of different descriptions as executors dative.
(1)This section applies in relation to regulations under section 19, 20 or 21.
(2)The regulations may include such supplementary, incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.
(3)The regulations may modify any enactment (including, in the case of regulations under section 20, this Act).
(4)The regulations are subject to the affirmative procedure.
In the Trusts (Scotland) Act 1921, after section 29 insert—
(1)A trustee is not personally liable for any error in the distribution of any property, or the income of property, vested in the person as trustee if—
(a)the error was caused by the trustee not knowing (either or both)—
(i)of the existence, or non-existence, of a person,
(ii)of a person's relationship, or lack of relationship, to another person, and
(b)the distribution takes place—
(i)in good faith and after such enquiries as any reasonable and prudent trustee would have made in the circumstances of the case, or
(ii)in accordance with an order of the court.
(2)Subsection (1) does not affect any right which a person entitled to the property or income concerned has to recover it from another person.
(3)Subsection (2) is without prejudice to section 24 of the Succession (Scotland) Act 2016.
(4)This section applies only in relation to a distribution which takes place on or after the day on which section 23 of the Succession (Scotland) Act 2016 comes into force”.
Commencement Information
I1S. 23 in force at 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(b)
(1)This section applies where a person, in good faith and for value (whether by purchase or otherwise)—
(a)acquires property which has vested, by virtue of confirmation, in an executor, and
(b)acquires title to that property directly or indirectly—
(i)from the executor, or
(ii)from a person (“A”) who derived title directly from the executor.
(2)It is not a ground of challenge to the title—
(a)that the confirmation is reducible or has been reduced,
(b)that the property was distributed in accordance with a will which, by virtue of section 3, has been rectified after distribution, or
(c)where the title was acquired from A, that it should not have been transferred to A.
Commencement Information
I2S. 24 in force at 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(b)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: