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Succession (Scotland) Act 1964
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- 1964 c. 41
- Part VI
- Section 33
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33 Construction of existing deeds.S
(1)Subject to subsection (2) of this section, any reference in any deed taking effect after the commencement of this Act tojus relicti, jus relictaeor legitim shall be construed as a reference to the right tojus relicti, jus relictaeor legitim, as the case may be, as modified by Part II of this Act . . . F1; and any reference in any [F2such deed] to courtesy or terce shall be of no effect.
(2)Any reference to legal rights in a marriage contract made before the commencement of this Act and taking effect in consequence of a decree of divorce granted in an action commenced after the commencement of this Act shall be construed as a reference to any right which the husband or the wife, as the case may be, might obtain by virtue of the provisions of section 26 of this Act [F3or section 5 of the Divorce (Scotland) Act 1976][F4or section 29 of the Matrimonial and Family Proceedings Act 1984][F5or section 8 of the Family Law (Scotland) Act 1985].
Textual Amendments
F1Words (which were inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70), Sch. 1) repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2
F2Words substituted by virtue of Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 7(1)
F3Words added by Divorce (Scotland) Act 1976 (c. 39, SIF 49:3), s. 12(1), Sch. 1
F4Words added by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(1), Sch. 1 para. 6
F5Words added by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), s. 28(1), Sch. 1 para. 4
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