Succession (Scotland) Act 2016

8Destinations in wills and certain trusts: conditional institution

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a destination of property in favour of a person (“A”) whom failing another person (“B”) is contained in a will or in a trust taking effect during the lifetime of the truster, and

(b)the property vests in A.

(2)B loses all rights to the property under the destination unless—

(a)the will or trust expressly provides otherwise, or

(b)it is clear from the terms of the will or trust that the testator or truster intended otherwise.