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General

Succession (Scotland) Bill 18/06/2015 The Succession (Scotland) Bill was introduced into the Scottish Parliament earlier this week.

Succession (Scotland) Bill

The Succession (Scotland) Bill, which aims to reform succession laws including the effects of divorce, dissolution or annulment on a will, was introduced into the Scottish Parliament earlier this week.

The proposed reforms also include:

  • Establishing a process for the rectification of a will in certain circumstances
  • Reforming the law relating to revival of a revoked will
  • Making changes to how survivorship should operate in Scotland where there is uncertainty as to the order of death
  • Reforming the law relating to forfeiture
  • Closing a number of jurisdictional gaps to ensure that Scottish courts have jurisdiction where the applicable law is Scots law.

The aim of the Bill is to make the law on succession fairer, clearer and more consistent through a targeted package of measures modernising some technical aspects of the law relating to succession in Scotland and addressing a number of anomalies within the current legislative framework.

It implements a number of recommendations from the Scottish Law Commission Report on Succession published in 2009. Other recommendations for more substantive reform will be taken forward separately, and the Scottish Government says that a consultation paper on the Commission’s proposals will be published shortly.

 

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