Succession (Scotland) Act 2016

24Protection of persons acquiring title

This section has no associated Explanatory Notes

(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.