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Succession (Scotland) Act 2016


Section 28- Interpretation

80.Subsection (1) of section 28 defines the terms “estate” and “property” for the purposes of the Act. The term ‘property’ means both heritable and moveable property. The definitions apply unless the context requires otherwise.

81.Subsection (2) provides that, for the purposes of the Act, ‘forfeiture rule’ has the same meaning as in the Forfeiture Act 1982. In that Act, the “forfeiture rule” means the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing.

82.Subsection (3) defines the term “will” for the purposes of the Act.

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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.


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