Trusts and Succession (Scotland) Act 2024

Part 2SSuccession

Effect of divorce, dissolution or annulment on special destinationS

76Effect of divorce, dissolution or annulment on special destinationS

In section 2(2) of the Succession (Scotland) Act 2016 (effect of divorce, dissolution or annulment on special destination), after “succession to” insert “A’s interest in”.

Commencement Information

I1S. 76 in force at 30.4.2024, see s. 88(2)

Rights of succession to intestate estateS

77Rights of succession to intestate estateS

(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(b)paragraph (e) is repealed.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.

Commencement Information

I2S. 77 in force at 30.4.2024, see s. 88(2)

Prospective

78Application to court by survivor for provision on intestacyS

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

Commencement Information

I3S. 78 not in force at Royal Assent, see s. 88(3)