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Revised Statute from The UK Statute Law Database

Succession (Scotland) Act 1964 (c. 41)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

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Succession (Scotland) Act 1964

1964 CHAPTER 41

Contents

Go to Preamble

  1. Part I

    Intestate Succession

    1. 1. Assimilation of heritage to moveables for purpose of devolution on intestacy

    2. 2. Rights of succession to intestate estate

    3. 3. Succession of collaterals

    4. 4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. 5. Representation

    6. 6. Division of intestate estate among those having right thereto

    7. 7. Saving of right of Crown asultimus haeres

  2. Part II

    Legal and other prior Rights in Estates of Deceased Persons

    1. 8. Prior rights of surviving spouse, on intestacy, in dwelling house and furniture

    2. 9. Prior right of surviving spouse to financial provision on intestacy

    3. 9A.—. Provisions supplementary to ss. 8 and 9

    4. 10. Abolition of terce and courtesy, and calculation of legal rights

    5. 10A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. 11. Representation in, and division of, legitim

    7. 12. Legitim not to be discharged by ante-nuptial marriage contract

    8. 13. Equitable compensation

  3. Part III

    Administration and winding up of estates

    1. 14. Assimilation for purposes of administration, etc., of heritage to moveables

    2. 15. Provisions as to transfer of heritage

    3. 16. Provisions relating to leases

    4. 17. Protection of persons acquiring title

    5. 18. Provisions as to entails and special destinations

    6. 19. Estate Duty

    7. 20. Executor dative to have powers of a trustee

    8. 21. Evidence as to holograph wills in commissary proceedings

    9. 21A. Evidence as to testamentary documents in commissary proceedings

    10. 22. Court of Session may regulate procedure in commissary proceedings

  4. Part IV

    Adopted Persons

    1. 23. Adopted person to be treated for purposes of succession etc. as child of adopter

    2. 24. Provisions supplementary to s. 23

  5. Part V

    Financial Provision on Divorce

    1. 25—27... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  6. Part VI

    Miscellaneous and Supplementary

    1. 28.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 29. Right of tenant to bequeath interest under lease

    3. 30. Effect of testamentary dispositions on special destinations

    4. 31. Presumption of survivorship in respect of claims to property

    5. 32. Certain testamentary dispositions to be formally valid

    6. 33. Construction of existing deeds

    7. 34. Modification of enactments and repeals

    8. 35. Transfer of certain jurisdiction to Sheriff of Chancery

    9. 36. Interpretation

    10. 37. Exclusion of certain matters from operation of Act

    11. 38. Citation, extent and commencement

  7. SCHEDULE 1

    Form of Docket

  8. SCHEDULE 2

    Modification of Enactments

  9. SCHEDULE 3

An Act to assimilate and amend the law of Scotland with respect to the succession to the heritable and moveable property of deceased persons; to amend the law in relation to the legal and other prior rights exigible out of such property, to the administration of deceased persons’ estates and other property passing on death, to the capacity of minors to test, and to the presumption of survivorship; to provide for certain testamentary dispositions to be probative; to provide for adopted persons to be treated for certain purposes as children of their adopters; to make new provision as to the financial rights and obligations of the parties on the dissolution of a marriage; and for purposes connected with the matters aforesaid.

[10th June 1964]

Annotations:

Modifications etc. (not altering text)

C1Act applied by Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70), s. 8

C2Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Commencement Information

I1Act wholly in force at 10.9.1964 see s. 38(3).

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