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Succession (Scotland) Act 1964 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Section 15.
I, AB, being by virtue of the within confirmation [or certificate of confirmation] the executor on the estate of the deceased CD so far as specified in the confirmation [or certificate or inventory attached hereto] hereby nominate EF [design] as the person entitled—
(a) in [part] satisfaction of his claim to prior rights, as a surviving spouse, on the death of the deceased,
(b) in [part] satisfaction of his claim to legal rights on the death of the deceased,
(c) in [part] satisfaction of his share in the said estate,
(d) in [part] implement of a trust disposition and settlement, [or will, or as the case may be] of the deceased dated, and registered in the Books of Council and Session ,
to the following item of estate, that is to say, [short description] being number of the items of the estate specified in the said confirmation [or certificate or inventory].
[F1Testing clause+
Textual Amendments
F1Words in Sch. 1 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 41 (with ss. 9(3)(5)(7), 13, 14(3))
+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]
Section 34.
1SSubject 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 . . . F2 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
F2Words repealed by Law Reform (Miscellaneous Provisions)(Scotland) Act 1968 (c. 70), ss. 8, 22(3), Sch. 2 Pt. I para. 29, Sch. 3
2SSubject 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.
3SReferences 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.
4SReferences in any enactment (other than in this Act) to courtesy or terce shall be of no effect.
The Registration of Leases (Scotland) Act 1857.
20 & 21 Vict. c. 26.
5SIn 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.
6SIn 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)
C1The 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
7SIn 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)
C2The 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
31 & 32 Vict. c. 101.
8SIn 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)
C3The 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
49 & 50 Vict. c. 29.
9SIn 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)
C4The 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
10SIn 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)
C5The 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
11SIn 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)
C6The 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
12SIn 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)
C7The 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
63 & 64 Vict. c. 55.
13SIn section 6—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(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
F3S. 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)
C8The 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
14SIn 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)
C9The 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
1 & 2 Geo. 5. c. 49.
15SIn 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)
C10The 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
16SIn 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)
C11The 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 & 15 Geo. 5. c. 27.
17SIn section 32, after the words “person be dead, the” insert the words “ executor or ”.
Modifications etc. (not altering text)
C12The 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
18SIn section 33, after the words “then to the” insert the words “ executor or ”.
Modifications etc. (not altering text)
C13The 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, 13 & 14 Geo. 6. c. 75.
F419S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 2 para. 19 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)
F520S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 2 para. 20 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)
F621S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 2 para. 21 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)
F722S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 2 para. 22 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)
6 & 7 Eliz. 2. c. 71.
F823S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9S. 34(2), Sch. 2 para. 13(a) and Sch. 3 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
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