A Scottish Government Bill to reform succession laws, including the effects of divorce, dissolution or annulment on a will, has been introduced into the Scottish Parliament. The text and accompanying documentation can be found here...
This will implement a number of recommendations from the Scottish Law Commission Report on Succession published in 2009 and also includes:
• Establishing a process for the rectification of a will in certain circumstances
• Reforming the law relating to revival of a revoked will
• Making changes to how survivorship should operate in Scotland where there is uncertainty as to the order of death
• Reforming the law relating to forfeiture
• Closing a number of jurisdictional gaps to ensure that Scottish courts have jurisdiction where the applicable law is Scots law.
The aim of the Bill is to make the law on succession fairer, clearer and more consistent through a targeted package of measures modernising some technical aspects of the law relating to succession in Scotland and addressing a number of anomalies within the current legislative framework. These are viewed by the Scottish Government as non-contentious practical measures and the more debated points of succession law are the subject of a new Scottish Government consultation noted elsewhere in ENews