The Succession (Scotland) Bill – Who Will Succeed?

The Scottish Parliament has passed the Succession (Scotland) Bill as a first step in attempting to modernise succession law in Scotland and ensure that "the law is fairer, clearer and more consistent."

The Bill implements a number of proposals recommended by the Scottish Law Commission, with more radical reforms, such as changes to the rules of intestacy and the rights of cohabitants, expected to be brought forward in the future.

Some of the key reforms in the current Bill include:

The revocation of benefits or appointments in favour of a spouse or civil partner in a Will when the couple legally end their relationship (eg by divorce or annulment) unless the Will expressly provides otherwise; The courts will be given the power to 'rectify' a Will where it can be shown that the Will did not reflect the instructions given to the drafter of the Will; The rule under which earlier Wills revive if a later Will is subsequently revoked will be abolished; Where a beneficiary is a direct descendant of the 'testator' (i.e. the person making the Will) and the beneficiary dies before the testator, the beneficiary's surviving children will inherit that share of the testator's estate, unless it is clear from the wording of the Will that another outcome was intended. This provision of the Act is similar to an existing common law rule; New protections for trustees, executors and people acquiring property following an error in the distribution of property; and The...