Part 2 – Succession
12.Part 2 of the Act contains three sections. The first (section 76) clarifies the effect of divorce, dissolution or annulment on a special destination (an arrangement commonly adopted when property is held in more than one name under which, on the death of one of the co-owners, another co-owner is nominated automatically to acquire the deceased’s share in the property). The second (section 77) implements a Scottish Law Commission recommendation to adjust the order of priority of persons who are entitled to benefit under the law of intestate succession.(3) The third (section 78) amends section 29(6) of the Family Law (Scotland) Act 2006 to increase from 6 months to 12 months the period following the death of an intestate person within which any application for financial provision by a surviving cohabitant must be made to the court.
Contained in its Report on Succession at https://www.scotlawcom.gov.uk/files/7112/7989/7451/rep215.pdf.
