Succession (Scotland) Act 1964

11 Representation in, and division of, legitim. S

(1) Subject to the next following subsection, where a person (hereinafter in this section referred to as “the deceased”) dies [F1 in circumstances where a child who has failed to survive the deceased] has left issue who survive the deceased, and the child would, if he had survived the deceased, have been entitled F2 . . . to legitim out of the deceased’s estate, such issue shall have the like right to legitim as the child would have had if he had survived the deceased.

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If, by virtue of the foregoing subsection or otherwise, there are two or more persons having right among them to legitim, then the legitim shall—

(a) if all of those persons are in the same degree of relationship to the deceased, be divided among them equally, and

(b) in any other case, be divided equally into a number of parts equal to the aggregate of—

(i) those of the said persons who are nearest in degree of relationship to the deceased (in this paragraph referred to as “the nearest surviving relatives”) and

(ii) any other persons who were related to the deceased in that degree and who (if they had survived him) would have been entitled to legitim out of his estate, but who have [F4 failed to survive] him leaving issue who survive him and are entitled to legitim out of his estate;

and, of those parts, one shall be taken by each of the nearest surviving relatives, and one shall be takenper stirpesby the issue of each of the said [F5 persons who have failed to survive the deceased], being issue who are entitled as aforesaid.

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Nothing in the last foregoing subsection shall be construed as altering any rule of law as to collation of advances; and where any person is entitled to claim legitim out of the estate of a deceased person by virtue of subsection (1) of this section he shall be under the like duty to collate any advances made by the deceased to him, and the proportion appropriate to him of any advances so made to any person through whom he derives such entitlement, as if he had been entitled to claim such legitim otherwise than by virtue of the said subsection (1).

(4) For the avoidance of doubt it is hereby declared that where any person is entitled by virtue of F6 . . . subsection (1) of this section to legitim out of the estate of the deceased, and the deceased is not survived by any child, the proportion of the estate due to any surviving spouse in respect ofjus relicti or jus relictaeshall be ascertained as if the deceased had been survived by a child.

Textual Amendments

F1 Words in s. 11(1) substituted (1.11.2016) by Succession (Scotland) Act 2016 (asp 7), s. 31(2), sch. para. 1(4)(a); S.S.I. 2016/210, reg. 2(1)(a)(2)

F2 Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2

F3 Words (which were added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70) Sch. 1) repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2

F4 Words in s. 11(2)(b) substituted (1.11.2016) by Succession (Scotland) Act 2016 (asp 7), s. 31(2), sch. para. 1(4)(b)(i); S.S.I. 2016/210, reg. 2(1)(a)(2)

F5 Words in s. 11(2)(b) substituted (1.11.2016) by Succession (Scotland) Act 2016 (asp 7), s. 31(2), sch. para. 1(4)(b)(ii); S.S.I. 2016/210, reg. 2(1)(a)(2)

F6 Words (which were inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70), Sch. 1) repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2