Succession (Scotland) Act 1964

Section 34.

SCHEDULE 2 S Modification of Enactments

General modifications S

1 S Subject to the specific modifications made by the following provisions of this Schedule, references in any enactment to the heir-at-law of a deceased person in relation to any heritable property . . . F1 shall be construed as references to the persons who by virtue of this Act are entitled to succeed to such property on intestacy.

Textual Amendments

F1 Words repealed by Law Reform (Miscellaneous Provisions)(Scotland) Act 1968 (c. 70), ss. 8, 22(3), Sch. 2 Pt. I para. 29, Sch. 3

2 S Subject as aforesaid references in general terms in any enactment to the heirs of a deceased person shall include—

(a) the persons entitled by virtue of this Act to succeed on intestacy to any part of the estate of the deceased; and

(b) so far as is necessary for the purposes of Part III of this Act, the executor of the deceased.

3 S References in any enactment relating to the confirmation of executors or the administration of the moveable estates of deceased persons to the moveable or personal property or estate of a deceased person shall, except where the context otherwise requires, be construed as references to the whole estate of the deceased person.

4 S References in any enactment (other than in this Act) to courtesy or terce shall be of no effect.

Specific modifications S

The Registration of Leases (Scotland) Act 1857.

20 & 21 Vict. c. 26.

5 S In sections 8 and 9, and Schedules (C) and (F), for references to the heir or heirs or to the general disponee (other than a general disponee under aninter vivosdeed) of a person in right of a lease to which the Act applies or of an assignation in security of such a lease there shall be substituted references to the executor of such a person; and for any reference to service there shall be substituted a reference to confirmation.

6 S In Schedule (C), for the words from “court before which” to “retoured to Chancery” there shall be substituted the words “ court by which confirmation has been granted ”.

Modifications etc. (not altering text)

C1 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

7 S In Schedule (F), for the words “court before which the heir has been served” there shall be substituted the words “ court by which confirmation has been granted ”.

Modifications etc. (not altering text)

C2 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Titles to Land Consolidation (Scotland) Act 1868. S

31 & 32 Vict. c. 101.

8 S In section 20, for the words from “equivalent to a general disposition” to “competent to a general disponee” there shall be substituted the words “ valid as a settlement on a grantee or legatee of the lands to which it applies; and the executor of the grantor may complete title to such lands by expeding and recording a notarial instrument as aforesaid ”.

Modifications etc. (not altering text)

C3 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Crofters Holdings (Scotland) Act 1886. S

49 & 50 Vict. c. 29.

9 S In section 16, for the words from “a member” to “case of intestacy” there shall be substituted the words “ his son-in-law or any one of the persons who would be, or would in any circumstances have been, entitled to succeed to the estate on intestacy by virtue of the Succession (Scotland) Act 1964 ”.

Modifications etc. (not altering text)

C4 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

10 S In section 16, at end of paragraph (e) there shall be inserted the words “ and shall be intimated by the landlord to the executor of the deceased tenant ”.

Modifications etc. (not altering text)

C5 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

11 S In section 16, in paragraph (f), after the word “legatee”, where that word second occurs, there shall be inserted the words “ with the consent of the executor in whom the tenancy is vested under section 14 of the Succession (Scotland) Act 1964 ”.

Modifications etc. (not altering text)

C6 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

12 S In section 16, for paragraph (h) there shall be substituted the following paragraph:—

“(h) if the legatee does not accept the bequest, or if the bequest is declared to be null and void as aforesaid, the right to the holding shall be treated as intestate estate of the deceased tenant in accordance with Part I of the Succession (Scotland) Act 1964; and where a tenancy is transferred under section 16 of the said Act of 1964, the executor of the deceased tenant shall as soon as may be furnish particulars of the transferee to the landlord who shall accept the transferee as tenant.”.

Modifications etc. (not altering text)

C7 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Executors (Scotland) Act 1900. S

63 & 64 Vict. c. 55.

13 S In section 6—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(b) for the words “funds in Scotland standing or invested in his name” there shall be substituted the words “ property (whether heritable or moveable) in Scotland vested in him ”; and

(c) for any other reference to funds there shall be substituted a reference to property.

Textual Amendments

F2 S. 34(2), Sch. 2 para. 13(a) and Sch. 3 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

Modifications etc. (not altering text)

C8 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

14 S In section 7, after the words “estate contained therein”, there shall be inserted the words “ and it shall be competent to specify such confirmation as a midcouple or link of title for the purposes of any deduction of title in relation to such estate from the former executors ”.

Modifications etc. (not altering text)

C9 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Small Landholders (Scotland) Act 1911. S

1 & 2 Geo. 5. c. 49.

15 S In section 21, for the words from “a member” to “case of intestacy” there shall be substituted the words “ his son-in-law or any one of the persons who would be, or would in any circumstances have been, entitled to succeed to the estate on intestacy by virtue of the Succession (Scotland) Act 1964 ”.

Modifications etc. (not altering text)

C10 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

16 S In section 31, after the words “whether as” there shall be inserted the words “ a person to whom a tenancy is transferred under section 16 of the Succession (Scotland) Act 1964 or the executor or ”.

Modifications etc. (not altering text)

C11 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Conveyancing (Scotland) Act 1924. S

14 & 15 Geo. 5. c. 27.

17 S In section 32, after the words “person be dead, the” insert the words “ executor or ”.

Modifications etc. (not altering text)

C12 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

18 S In section 33, after the words “then to the” insert the words “ executor or ”.

Modifications etc. (not altering text)

C13 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Agricultural Holdings (Scotland) Act 1949. S

12, 13 & 14 Geo. 6. c. 75.

19 In section 20, for subsection (1) there shall be substituted the following subsection:—

“(1) Subject to the provisions of this section, the tenant of an agricultural holding may, by will or other testamentary writing, bequeath his lease of the holding to his son-in-law or daughter-in-law or any one of the persons who would be, or would in any circumstances have been, entitled to succeed to the estate on intestacy by virtue of the Succession (Scotland) Act 1964.”

Modifications etc. (not altering text)

C14 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

20 In section 20(6), after the word “legatee", there shall be inserted the words “with consent of the executor in whom the lease is vested under section 14 of the Succession (Scotland) Act 1964".

Modifications etc. (not altering text)

C15 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

21 In section 20, for subsection (7) there shall be substituted the following subsection—

“(7) If the legatee does not accept the bequest, or if the bequest is declared null and void as aforesaid, the right to the lease shall be treated as intestate estate of the deceased tenant in accordance with Part I of the Succession (Scotland) Act 1964.”

Modifications etc. (not altering text)

C16 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

22 For section 21 there shall be substituted the following subsection— “Right of landlord to object to acquirer of lease.

21 (1) The acquirer of the lease of an agricultural holding shall give notice of the acquisition to the landlord of the holding within twenty-one days after the date of the acquisition, or, if he is prevented by some unavoidable cause from giving such notice within that period, as soon as possible thereafter, and unless the landlord gives a counter-notice under the next following subsection, the lease shall be binding on the landlord and on the acquirer, as landlord and tenant respectively, as from the date of the acquisition.

(2) Where notice as aforesaid has been given to the landlord he may, within one month after the giving of the notice, give to the acquirer a counter-notice intimating that he objects to receive him as tenant under the lease and not before the expiration of one month from the giving of the counter-notice the landlord may make application to the Land Court for an order terminating the lease.

(3) The Land Court, if they are satisfied that the landlord has established any reasonable ground of objection, shall make such an order to take effect as from such term of Whitsunday or Martinmas as they may specify.

(4) Pending any proceedings under this section, the acquirer, with the consent of the executor in whom the lease is vested under section 14 of the Succession (Scotland) Act 1964, shall, unless the Land Court on cause shown otherwise direct, have possession of the holding.

(5) The termination of the lease under this section shall be treated, for the purposes of the provisions of this Act with respect to compensation, as the termination of the acquirer’s tenancy of the holding; but nothing in this section shall be construed as entitling him to any compensation for disturbance.

(6) In this section any reference in relation to the lease of an agricultural holding to an acquirer is a reference to any person to whom the lease is transferred under section 16 of the Succession (Scotland) Act 1964.”

Modifications etc. (not altering text)

C17 The text of Sch. 2 paras. 6–12, 13(b)(c), 14–23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Agriculture Act 1958. S

Valid from 25/09/1991

F3 23 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 2 para. 23 repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55. SIF 2:3), ss. 88(2), 89(2), Sch.13 Pt. I (with s. 45(3), Sch. 12 paras. 1, 3)