Succession (Scotland) Act 1964
$("body").addClass("js");
- Skip to main content
- Skip to navigation
legislation.gov.uk
The National Archives
Succession (Scotland) Act 1964
You are here:
- 1964 c. 41
- Table of Contents
Table of Contents
Content
More Resources
Plain View
Print Options
What Version
- Latest available (Revised)
- Original (As enacted)
Opening Options
- Open whole Act
- Open Act without schedules
- Open Schedules only
More Resources
- Original Print PDF
View more
Changes to legislation:
There are currently no known outstanding effects for the Succession (Scotland) Act 1964.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Introductory Text
Part I Intestate Succession
1. Assimilation of heritage to moveables for purpose of devolution on intestacy.
2. Rights of succession to intestate estate.
3. Succession of collaterals.
4. Intestate Succession
5. Representation.
6. Division of intestate estate among those having right thereto.
7. Saving of right of Crown asultimus haeres.
Part II Legal and other prior Rights in Estates of Deceased Persons
8. Prior rights of surviving spouse or civil partner, on intestacy, in dwelling house and furniture.
9. Prior right of surviving spouse or civil partner to financial provision on intestacy.
9A.—. Provisions supplementary to ss. 8 and 9.
10. Abolition of terce and courtesy, and calculation of legal rights.
10A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. Representation in, and division of, legitim.
12. Legitim not to be discharged by ante-nuptial marriage contract.
13. Equitable compensation.
Part III Administration and winding up of estates
14. Assimilation for purposes of administration, etc., of heritage to moveables.
15. Provisions as to transfer of heritage.
16. Provisions relating to leases.
16A.Leases of crofts: special provision relating to the Crofters (Scotland) Act 1993
17. Protection of persons acquiring title.
18. Provisions as to entails and special destinations.
19. Estate Duty.
20. Executor dative to have powers of a trustee.
21. Evidence as to holograph wills in commissary proceedings.
21A. Evidence as to testamentary documents in commissary proceedings.
22. Court of Session may regulate procedure in commissary proceedings.
Part IV Adopted Persons
23. Adopted person to be treated for purposes of succession etc. as child of adopter.
24. Provisions supplementary to s. 23.
Part V Financial Provision on Divorce
25—27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VI Miscellaneous and Supplementary
28. Power of minor to test on heritage.
29. Right of tenant to bequeath interest under lease.
30. Effect of testamentary dispositions on special destinations.
31. Presumption of survivorship in respect of claims to property.
32. Certain testamentary dispositions to be formally valid.
33. Construction of existing deeds.
34. Modification of enactments and repeals.
35. Transfer of certain jurisdiction to Sheriff of Chancery.
36. Interpretation.
37. Exclusion of certain matters from operation of Act.
38. Citation, extent and commencement.
SCHEDULES
SCHEDULE 1
Form of Docket
SCHEDULE 2
Modification of Enactments
General modifications
1.Subject to the specific modifications made by the following provisions...
2.Subject as aforesaid references in general terms in any enactment...
3.References in any enactment relating to the confirmation of executors...
4.References in any enactment (other than in this Act) to...
Specific modifications
5.In sections 8 and 9, and Schedules (C) and (F),...
6.In Schedule (C), for the words from “court before which”...
7.In Schedule (F), for the words “court before which the...
The Titles to Land Consolidation (Scotland) Act 1868.
8.In section 20, for the words from “equivalent to a...
The Crofters Holdings (Scotland) Act 1886.
9.In section 16, for the words from “a member” to...
10.In section 16, at end of paragraph (e) there shall...
11.In section 16, in paragraph (f), after the word “legatee”,...
12.In section 16, for paragraph (h) there shall be substituted...
The Executors (Scotland) Act 1900.
13.In section 6— (a) . . . . . ....
14.In section 7, after the words “estate contained therein”, there...
The Small Landholders (Scotland) Act 1911.
15.In section 21, for the words from “a member” to...
16.In section 31, after the words “whether as” there shall...
The Conveyancing (Scotland) Act 1924.
17.In section 32, after the words “person be dead, the”...
18.In section 33, after the words “then to the” insert...
The Agricultural Holdings (Scotland) Act 1949.
19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Agriculture Act 1958.
23.. . . . . . . . . ....
SCHEDULE 3
Back to top
Options/Help
Print Options
Print Table of Contents- PDF table of contents
- Web page table of contents
- PDF table of contents
Print The Whole Act- PDF The Whole Act
- Web page The Whole Act
- PDF The Whole Act
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
$("#statusWarningSubSections").css("display", "none");
$(".help").css("display", "none");
$("#searchChanges", "#existingSearch").css("display": "none");
Clash Royale CLAN TAG
