Concluding Reflections
Date | 01 January 2020 |
Published date | 01 January 2020 |
DOI | 10.3366/elr.2020.0613 |
Pages | 147-152 |
The contributions to this Symposium have shown that, as compared to other jurisdictions, Scotland has in some ways been ahead of the curve. This is certainly true with regards to the protection of the rights of the surviving spouse. Already in 1964, the Scottish legislature decided to award the surviving spouse most or, usually, all of the deceased's estate albeit, as we have seen,
We have also learned something about the dangers inherent in law reform and the role historical accidents can play in bringing about change.
The contributions confirm that dissatisfaction with the current state of the law in Scotland is not without justification. Several of them highlight instances of incoherencies and inconsistencies that can lead to irrational and arbitrary results. Kenneth Reid shows, for example, that due to the lack of coordination between intestate succession laws and legal rights, a surviving spouse may be better off under intestacy than as sole beneficiary under the deceased's will, and thus may be inclined to create an artificial intestacy, at the expense of the deceased's children. Another inconsistency discussed by Jan Peter Schmidt
In addition, focusing on the lack of alignment between the consequences of...
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