Our content on Scottish Private Client law for Scottish practitioners aims to provide an essential resources for Scottish practitioners, as well as practitioners in England and Wales with clients who need advice on cross-border issues.
Succession law in Scotland is a mixture of statutory and common law, the principal statute being the Succession (Scotland) Act 1964 (S(S)A 1964). S(S)A 1964 came into force on 10 September 1964 and regulates succession to the estates of persons dying on or after that date. Among other things S(S)A 1964 deals with the rules of intestacy and fixed rights of inheritance known as ‘prior rights’ and ‘legal rights’. S(S)A 1964 expressly preserves the pre-existing law of intestate succession insofar as it is not inconsistent with the provisions of S(S)A 1964.
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