Part 2Succession

Rights of succession to intestate estate

I277Rights of succession to intestate estate

1

In section 2(1) of the Succession (Scotland) Act 1964 (rights of succession to intestate estate)—

a

after paragraph (a) insert—

ab

where an intestate is survived by a husband, wife or civil partner, but is not survived by any prior relative, the surviving spouse or civil partner shall have right to the whole of the intestate estate;

b

paragraph (e) is repealed.

2

This section does not apply as respects a death that occurred before the section comes into force.

Annotations:
Commencement Information
I2

S. 77 in force at 30.4.2024, see s. 88(2)

I178Application to court by survivor for provision on intestacy

In section 29(6) of the Family Law (Scotland) Act 2006 (application to court by survivor for provision on intestacy), for “6” substitute “12”.