Succession (Scotland) Bill passes final stage

The Succession (Scotland) Bill, which makes certain technical reforms recommended by the Scottish Law Commission, has passed its final stage in the Scottish Parliament.

Among its changes, an ex-spouse or civil partner will no longer be able to inherit under a will following a divorce or dissolution, unless the will makes specific provision for them.

Other reforms being introduced include establishing a process for the rectification of a will in certain circumstances; reforming the law relating to revival of a revoked will; changes to how survivorship operates where there is uncertainty as to the order of death; and reforming the law relating to forfeiture.

The bill protects beneficiaries of small estates by removing the requirement to obtain a bond of caution for executors in small and uncontentious estates.

Among other provisions, the bill also:

• closes a number of jurisdictional gaps to ensure the Scottish courts have jurisdiction where the applicable law is Scots law;
• reforms estate administration by installing protections for trustees and executors in certain circumstances and for people acquiring title in good faith;
• reforms other matters including the abolition of donations mortis causa (a gift in prospect of death) and the right to claim the expense of mournings.

Remaining recommendations of the Commission, including on intestacy, disinheritance and cohabitation – all based on the removal of the distinction between heritable and moveable property – have recently been consulted on and the Scottish Government is considering these matters to be taken forward in separate legislation.