You can read the full terms of the Act by clicking here. In the first of a two stage process of review of the Law of Succession, we have, at long last, seen changes made with the introduction of the Succession (Scotland) Act 2016, the first major change in the law in this area since the previous Act of the same name was passed in 1964. }��_U邳��s���t,$n�9�H`ܚ�Jug�8�� t��͜@�͔�e�&��g�+��f(f�9S�.f'���7�B Y�h݋zK�%.��2�"'�#]T�C,� ,���mG� a���\�.�b�냕8�$�|Y�6�Y�Ϧ�2�k���Uy�Ϋ_3A�j�Z�~��Z��&t. These documents relate to the Succession (Scotland) Bill (SP Bill 75) as introduced in the Scottish Parliament on 16 June 2015 5 the testator where the criteria in subsection (1) are met. endobj Monday – Friday: 9:00 am – 5:00 pm. Copyright 2020 Clark Boyle Ltd. All rights reserved.

changed over the last 20 years since our last examination of succession and even more so in the 40 or so years since the last major piece of legislation, the Succession (Scotland) Act 1964. The spouse does feature on that list but quite far down. The 1964 Act provided that in a situation where spouses or civil partners both die at the same time and the exact time of death of each could not be established, then it would be presumed that the younger died last and the succession and the distribution of the estate would follow on that premise. There is now provision for an application to be made to the Scottish Courts to rectify a Will, not drafted by the testator, where the Will does not properly reflect the testator’s intentions. The new Succession (Scotland) Act 2016 which came into force on 4 March 2016 – although many of the provisions have yet to come into effect – is intended to clarify the situation and make it fairer. whose Will contains inequitable provision for the children. Data Privacy | Cookie Policy. If a bequest is made to a direct descendant of the testator (i.e. Civil partnership, a legal status open to same-sex couples who register their relationship, was introduced by the Civil Partnership Act 2004. endobj As the majority of estates are likely to fall short of the Prior Rights limits, not having a Will could prove disastrous for your children, particularly if your spouse is not their parent. We are frequently asked whether gifts can be made by people who are acting as Attorney for their parent, friend or family member. For the Will to be rectified, the court has to be satisfied that it does not accurately express what was instructed. In these circumstances the spouse or civil partner who has been named as a beneficiary and/or executor will be treated as having died before the testator, except where that person has been appointed guardian by the Will. The deceased may also have had a cohabitee if they were separated from their spouse.

The answer lies in... You are going to visit an elderly relative. 1 0 obj Save my name, email, and website in this browser for the next time I comment. ”The Law of Succession in Scotland has changed. If not, the 1964 Act lists who will inherit, starting with parents and siblings of the deceased and going further down the family tree after that. In the case of divorce or termination of the civil partnership, the spouse or civil partner will, again, be treated as having died before the testator and, as such, would no longer have any automatic right to inherit the testator’s interest in the property. ��aBZfT(�"�6�@@��h! Rules are provided by the Succession (Scotland) Act 1964 (c 41) determining what should happen to a person’s estate when he or she dies intestate. In certain circumstances Trustees and Executors will be protected where they have incorrectly distributed the estate where they have done that in good faith, have made reasonable enquiries beforehand or have been ordered to proceed with the distribution by the court. 2.33 Under this statute, 'spouse' encompasses not only persons legally married to each other but also those who had lived with each other in a marriage-like relationship for at least 2 years. Challenging suspension and withdrawal of licence, Executive dismissals and negotiated departures, EEA/EU nationals and their family members, International Relocation and International Parental Child Abduction, Power of Attorney- It's More Than Applying The Law. Succession (Scotland) Act 1964 (5th ed), page 18). To stay informed about the latest news and legal updates from Clark Boyle click here to sign up to our newsletter. <> Prior Rights rank above all other entitlements in an estate, including the rights of children. Last year’s Succession (Scotland) Act brought in some sweeping changes. The changes in this part of the legislation are wide ranging and, on the whole, uncontroversial. What happens to your estate after you die is dealt with by the Law of Succession. This is no longer the case and neither will now be presumed to have pre-deceased the other. Read legal insights, our comments on the latest legal updates and articles covering all types of legal queries and scenarios, written by experts from our teams. In the first major overhaul in over 60 years, last year's Act brought in some sweeping changes. then if that person were to die before the testator, that descendant’s share in the estate would be automatically divided between or amongst his or her direct descendants. That was done by section 6 of the 1980 Act, which provides: '6.

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You can unsubscribe at any time from all marketing communications by emailing us. In the first of a two stage process of review of the Law of Succession, we have, at long last, seen changes made with the introduction of the Succession (Scotland) Act 2016, the first major change in the law in this area since the previous Act of the same name was passed in 1964. It is also possible for children to opt out of their Legal Rights either during your lifetime or after you die, but much will depend on the circumstances as to whether they choose to do that. 2 0 obj

stream Morton Fraser LLP accepts no responsibility for the content of any third party website to which this webpage refers. SC374472, Tel: 0141 227 2200 x���n���݀���bQ��wXNӺh�c�!,+Flɕ����̒��2mQI�����v�dr�|�0����c�M����y��鉑9S:��o!l2VS02]E�x<=�\��5@��.���Ny��dZ'&ϙ��5�˒?��|%�����'? When an intestate estate (an estate where there is no Will) is wound up, an insurance policy called a Bond of Caution has to be taken out to protect beneficiaries against any maladministration by the executor. The Family Law Act 2006 (section 29) has specific rules relating to cohabitants of people who have died intestate. Prior Rights rank above all other entitlements in an estate, including the rights of children. Your personal data will be used in accordance with our privacy policy. However, this is also the portion in which that the cohabitee can apply to the Court to make a claim under the 2006 Act. However, the testator may include a provision in the Will expressly prohibiting this. Graham J. H. Queen LL.B. 33A Gordon Street, Glasgow, G1 3PF

They were repealed, apparently through inadvertence, by the 1964 Act, section 34(2) and Schedule 3. Section 2(3), like section 1(3) explained above, enables provision to be made which disapplies the new rule. how an estate should be divided when the deceased dies without making a Will, the possible extension of the Legal Rights enjoyed by children on the death of a parent who dies without making a Will. Where someone dies without making a Will, the Succession (Scotland) Act 1964 ("the 1964 Act") provides that the deceased’s spouse or civil partner has specific rights in their estate, known as Prior Rights. It came into force on 31 March 2014. It’s important that you know what these are and take the necessary action to protect your position. a payment of a cash sum of £50,000 if the deceased also had children or £89,000 if the deceased did not have children. Protection from disinheritance When a will aims to exclude a particular person from inheriting any of the deceased’s estate, the will aims to disinherit that person. The changes proposed in the second stage of this review process are much more contentious and we will deal with these once that legislation has been enacted. The first is where the testator (the person who makes the Will) names a spouse or civil partner as a beneficiary and/or executor in the Will and is subsequently divorced or the civil partnership is terminated. <> The 1964 Act saw major changes in the Law of Succession and this new Act is the first stage in the revamp of the old legislation to bring it up to date to cater for current and, it is to be hoped, future family circumstances. .

Morton Fraser LLP is authorised and regulated by the Financial Conduct Authority. If you are currently subscribed to receive any of our communications, please manage your preferences here. No. This applies to all our services from the straightforward to the more complex. Further information The second tranche of legislation on which the Government consulted towards the end of 2015 will be enacted in due course where it will deal with perhaps much more controversial issues such as: If you have any questions about how these changes might affect you or if you would like to discuss making your Will or making changes to any Will you currently have, please call us on 0141 227 2207 or use the contact link below. Registered in Scotland. In those circumstances, the spouses claim to Prior Rights ranks above any claim by the cohabitee for a share of their deceased partner's estate under section 29 of the Family Law (Scotland) Act 2006 ("the 2006 Act").

Derek W. Bell LL.B. @c0�%�p3�8)��E�tG�k��C���Vd9�x�CnK�$�Px�0�����3�eW�Ӳ�K*��"�� K���a̭�99ތ�q��ө ��8���c�����M�+p���i�7z̥,8�r��^Cά��R��m�*R��`�SBRRL�U�!o`{�"�'2�`�y$�>!��&�DR;��z����^�S5*�e�/E��E����y���(0��h��c2�m2t�v{�`nU,�{ �z�R�a��I�s���}CUd"Q���y�T�'�Ueo��o�}I~�C�2���5D��>�J�����������^�?̷_���("�P�ٌ�h�5�U��c��ضټz2�h(m0,uf�(�C�I(�jdX�C�-0�� �Q+�! Marketing communications will normally be sent by email and may occasionally be sent by post.

It came into force on 31 March 2014. The Act came into full force on 1st November 2016 and the following changes to succession law are now in place: There are two aspects to this part of the legislation. all assets except the house) which is left after the satisfaction of the above Prior Rights. The final one third of the moveable estate and any other share of land and buildings left after Prior Rights and Legal Rights have been settled will pass to the children, if there are any. This need to obtain a Bond of Caution has now been removed for estates where the value of the estate does not exceed the Small Estates level – currently standing at £36,000. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 17 0 R 18 0 R 19 0 R 20 0 R] /MediaBox[ 0 0 595.2 841.6] /Contents 4 0 R/StructParents 0>> Frequently, there will be little or nothing left over for such a claim, meaning that it is very important to make a Will to ensure that your partner will benefit from your estate. The main piece of legislation on inheritance in Scotland is the Succession (Scotland) Act 1964. ]� �m�r����ȭ���od����(�c �]h&�����ӓ����OO4ϐh�� ��x)��K.�$���,�Nd Unlike Prior Rights, Legal Rights exist even if there is a Will, showing that it is not possible to completely disinherit your spouse unless you enter into a Separation Agreement or Divorce when your relationship ends. a dwelling house in which the surviving spouse or civil partner lived up to the value of £473,000; furniture and furnishings in that dwelling house up to a maximum total value of £29,000; and.

�P)I�[�u�1���h�fv4�e�)�bXnl��8�&ٮ�f�K��N9�/�6�%I:���Rn�h����M�����>B�����8sI[�8�M�����6��c:����ځē�����`=�I��6D������\�P���V���&���Ó��C��9����m#���`��C��Kw9�B�e�pIvi��]���� \��.��N'Ş��Qs[��3�bǐ��#z ��./R. endobj Where a spouse survives the deceased, Legal Rights amount to a one third share for the spouse and a one third share for the children between them of the moveable estate (i.e. This directs the way we communicate, the way we advise, the way we conduct relationships with our clients and the way we are totally transparent and upfront about our charges.

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