|Scottish Succession Bill Extinguishes Ex-spouses’ Claims on Estate|
The Succession (Scotland) Bill 2016 has had its third reading in the Scottish Parliament.
Among other provisions, the Bill excludes an ex-spouse or civil partner from inheriting under a will that was made before the divorce or dissolution. It also cancels the appointment of the former spouse as trustee, executor or guardian. The only exception is where the deceased's will explicitly states otherwise.
Similarly, a will provision making a 'special destination' of property in favour of a former spouse will be revoked on divorce. This applies not only to heritable property but also to moveable property such as bank accounts and investments held in joint names.
The Bill also:
This is the first significant reform of Scottish succession law in more than 50 years, but an even more wide-ranging programme is on the way. This will bring significant changes to the law of intestacy, disinheritance and cohabitation, and remove the distinction between heritable and moveable property.
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Published on our website on Feb.19, 2016