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Succession (Scotland) Act 1964. 1964 c. 41. 10 June 1964. An Act to assimilate and amend the law of Scotland with respect to the succession to the heritable and ...
Section 5 took into account the Scottish system of property transfer, [10] but was repealed by the Succession (Scotland) Act 1964. [11] Sections 6 and 7 are procedural ones, which define certain terms and indicate that the Act comes into force on 1 January 1964.
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Succession (Scotland) Act 1964. 1964 c. 41. 10 June 1964. An Act to assimilate and amend the law of Scotland with respect to the succession to the heritable and ...
However, section 10(1) of the Succession (Scotland) Act 1964 abolished the common law rights of 'terce' and 'courtesy'. [3] Only jus relictae , jus relicti and legitim remain.
Typically, where an individual dies without leaving a valid will (i.e. they die intestate), their estate is distributed amongst surviving relatives under the Succession (Scotland) Act 1964. [73] However, where the deceased leaves no surviving heirs, their estate (including any land) falls to the Crown as ultimus haeres (the ultimate heir).
The application of Courtesy (as spelled in Scots law) was abolished by Section 10 of the Succession (Scotland) Act 1964, in respect of all deaths occurring after the date of that Act. The right of Terce (being the equivalent claim by a wife on her husband's estate) was also abolished by the same provision to undisputably grant marriage equality.
to any obligation arising out of succession law and inheritance rights under the Succession (Scotland) Act 1964. any obligation to make reparation in respect of personal injuries or in respect of the death of any person as a result of such injuries