Succession (Scotland) Act 1964

JurisdictionUK Non-devolved
Citation1964 c. 41
the provisions of this Part of this Act, andany enactment or rule of law in force immediately before the commencement of this Act which is not inconsistent with those provisions and which, apart from this section, would apply to that person’s moveable intestate estate, if any;(2) Nothing in this Part of this Act shall affect legal rights or the prior rights of a surviving spouse F1or civil partner; and accordingly any reference in this Part of this Act to an intestate estate shall be construed as a reference to so much of the net intestate estate as remains after the satisfaction of those rights, or the proportion thereof properly attributable to the intestate estate.where an intestate is survived by children, they shall have right to the whole of the intestate estate;where an intestate is survived by either of, or both, his parents and is also survived by brothers or sisters, but is not survived by any prior relative, the surviving parent or parents shall have right to one half of the intestate estate and the surviving brothers and sisters to the other half thereof;where an intestate is survived by brothers or sisters, but is not survived by any prior relative, the surviving brothers and sisters shall have right to the whole of the intestate estate;where an intestate is survived by either of, or both, his parents, but is not survived by any prior relative, the surviving parent or parents shall have right to the whole of the intestate estate;where an intestate is survived by a husband F2, wife or civil partner, but is not survived by any prior relative, the surviving spouse F3or civil partner shall have right to the whole of the intestate estate;where an intestate is survived by uncles or aunts (being brothers or sisters of either parent of the intestate) , but is not survived by any prior relative, the surviving uncles and aunts shall have right to the whole of the intestate estate;where an intestate is survived by a grandparent or grandparents (being a parent or parents of either parent of the intestate) , but is not survived by any prior relative, the surviving grandparent or grandparents shall have right to the whole of the intestate estate;where an intestate is survived by brothers or sisters of any of his grandparents (being a parent or parents of either parent of the intestate) , but

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