Succession (Scotland) Act 2016

1. Introduction

2. Overview

3. Commentary on Sections

   1. Testamentary documents and special destinations

      1. Section 1 – Effect of divorce, dissolution or annulment on a will

      2. Section 2 – Effect of divorce, dissolution or annulment on a special destination

      3. Section 3 – Rectification of will

      4. Section 4 – Rectification of will: supplementary

      5. Section 5 – Revocation of will not to revive earlier revoked will

      6. Section 6 – Death before legacy vests: entitlement of issue

      7. Section 7 – Liferent: vesting of fee other than on death

      8. Section 8 – Destinations in wills and certain trusts: conditional institution

   2. Survivorship

      1. Section 9 – Uncertainty of survivorship treated as failure to survive

      2. Section 10 – Equal division of property if order of beneficiaries’ deaths uncertain

      3. Section 11– Testamentary requirement of survival for a particular period

   3. Forfeiture

      1. Section 12 – Person forfeiting to be treated as having failed to survive victim

      2. Section 13 – Protection for persons acquiring in good faith and for value

      3. Section 14 – Power of sheriff to order sheriff clerk to execute document

      4. Section 15 – total relief from forfeiture rule

      5. Section 16 – Time limit for applying for relief from forfeiture rule

      6. Section 17 – Repeal of the Parricide Act

   4. Estate Administration

      1. Section 18 - Confirmation of executors: no requirement to find caution in relation to small intestate estates

      2. Section 19 - Confirmation of executors: general exceptions to requirement to find caution

      3. Section 20 - Confirmation of executors: power of Ministers to abolish requirement for executors dative to find caution

      4. Section 21 - Power of Ministers to make provision requiring conditions to be met before courts appoint persons as executors dative

      5. Section 22 - Sections 19, 20 and 21: regulations

      6. Section 23 – Errors in distribution: protection of trustees and executors in certain circumstances

      7. Section 24 – Protection of person acquiring title

      8. Section 25 – Gifts made in contemplation of death

      9. Section 26 – Abolition of right to claim in respect of expense of mournings

      10. Section 27 – Additional ground of jurisdiction: executor confirmed in Scotland

   5. General

      1. Section 28- Interpretation

      2. Section 29 – Consequential provision

      3. Section 30 - Ancillary Provision

      4. Section 31 – Commencement

      5. Section 32 – Short Title

      6. Schedule

4. Parliamentary History