Part I

Intestate Succession

Representation.
5
1
Subject to section 6 of this Act, where a person who, if he had survived an intestate, would, by virtue of any of the foregoing provisions of this Part of this Act, have had right (otherwise than as a parent , spouse or civil partner of the intestate) to the whole or to any part of the intestate estate has failed to survive the intestate, but has left issue who survive the intestate, such issue shall have the like right to the whole or to that part of the intestate estate as the said person would have had if he had survived the intestate.
2
The right of any issue entitled to share in an intestate estate by virtue of the foregoing subsection to be appointed to the office of executor on the intestate estate shall be postponed to the right thereto of any person who succeeds to the whole or part of the intestate estate by virtue of the foregoing provisions of this Act apart from this section and who applies for appointment to that office.
Words in s. 5(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(2), 263(10)(c), Sch. 28 para. 3; S.S.I. 2005/604, {art. (2(c)}
Pt. I applied (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 11(8), 89(2) (with ss. 45(3), 51(1), Sch. 12 para. 3)
Pt. I applied (5.1.1994) by 1993 c. 44, ss. 10(5), 11(1), 64(2) (with ss. 30(5), 58(1)(4), Sch. 6 para. 4).
Words in s. 5(1) substituted (1.11.2016) by Succession (Scotland) Act 2016 (asp 7), s. 31(2), sch. para. 1(2); S.S.I. 2016/210, reg. 2(1)(a)(2)
Pt. I applied by 1991 c. 55, s. 12C(3) (as inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 109(4), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8))