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Scottish government introduces succession bill to Parliament

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Scottish government introduces succession bill to Parliament

Some of the Scottish Law Commission’s proposed reforms to succession have been introduced to the Parliament in a Scottish government bill.

The Succession (Scotland) Bill would see a spouse or civil partner who is named as beneficiary or appointed executor in a will treated as having predeceased the testator where the civil partnership or marriage has been brought to an end by annulment or divorce – in the absence of contrary provision.

This is the same treatment that would be given to a survivorship destination in a property title.

Other proposed reforms include:

  • a process for rectifying a will drafted by someone other than the testator – where a court is satisfied the will does not accurately reflect the instructions of the testator;

  • providing clearly that revoked wills are not revived upon revocation of a subsequently created will

  • making additional provision for simultaneous deaths or situations where it is not clear who survived whom;

  • abolition of donation mortis causa while preserving other forms of conditional gift.

    • You can view the bill and associated papers here.

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