Succession (Scotland) Act 2016
| Jurisdiction | Scotland |
| Citation | 2016 asp 7 |
confers a benefit or power of appointment on a person, orappoints a person as a trustee or executor,that person (“P”) is, or becomes, the testator's spouse or civil partner,the marriage or civil partnership is terminated, andthe testator then dies.(2) P is to be treated as having died before the testator for the purposes of the will except for the purposes of any appointment of P or another person as a guardian.have the benefit or power of appointment, orbe so appointed as a trustee or executor,(4) For the purposes of this section, a marriage is terminated in the event of divorce or annulment and a civil partnership is terminated in the event of dissolution or annulment.obtained from a court of civil jurisdiction in the United Kingdom, the Channel Islands or the Isle of Man, orif not so obtained, the validity of which is recognised in Scotland.a person (“A”) and A's spouse or civil partner (“B”) and the survivor of them,A, B and another person or other persons and the survivor or survivors of them,A with a special destination, on A's death, in favour of B,A and B's marriage or civil partnership is terminated, andA then dies.(2) In relation to the succession to the property mentioned in subsection (1) (a) on A's death, B is to be treated as having died before A.(3) Subsection (2) does not apply if the document under which the property is held expressly provides that succession to the property is to be unaffected by A and B's marriage or civil partnership being terminated.(4) If a person has in good faith and for value (whether by purchase or otherwise) acquired title to the property, that title is not to be challengeable on the ground that, by virtue of subsection (2) , the property falls to A's estate.(5) For the purposes of this section, a marriage is terminated in the event of divorce or annulment and a civil partnership is terminated in the event of dissolution or annulment.obtained from a court of civil jurisdiction in the United Kingdom, the Channel Islands or the Isle of Man, orif not so obtained, the validity of which is recognised in Scotland.a person (“the testator”) dies domiciled in Scotland, leaving a will,the will was drafted not by the testator but on the testator's instructions,after the date of death, a person applies to the court for rectification of the will, andthe court is satisfied that the will fails to express accurately what was instructed.(2) The court may order that the will be rectified in such manner as it may specify so as to give effect to the testator's instructions.(3) For the purposes of subsections (1) (d) and (2) , the court may have regard to evidence extrinsic to the will.(4) A will rectified by virtue of this section has effect as if so rectified when executed (but see sections 4(7) and 24) .the Court of Session, ora relevant sheriff.of the sheriffdom in which the testator was habitually resident at the date of death, orif subsection (7) applies, of the sheriffdom of Lothian and Borders sitting at Edinburgh, ora sheriff of the sheriffdom in which the testator's executor obtains confirmation.the testator was not habitually resident in a particular part of Scotland, orthe particular part of Scotland in which the testator was habitually resident is not known or is uncertain.in a case where confirmation is obtained in respect of the testator's estate, on the date of its being obtained, orin any other case, on the date of the testator's death.(2) The court may, on cause shown, consider an application which is made outwith that period of 6 months.the Books of Council and Session, orthe sheriff court books,execution by
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