Explanatory Notes

Succession (Scotland) Act 2016

2016 asp 7

3 March 2016

Commentary on Sections

Testamentary documents and special destinations

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

23.Under the current law, a will which is revoked by a subsequent will, revives if the subsequent will is itself revoked. This section changes the law so that in these circumstances the revocation of the subsequent will, or part of it, does not revive the earlier will or the revoked part of the earlier will. This does not prevent the person who made the will from reviving the will by other means – such as re-executing it or making a new will in the same terms as the one which was revoked.